L1 extension after H1 COS

[mike.ryan]

I am currently on L1 expiring in nov 2013 for which my employer is filing extension.
I also have another employer filing H1 with COS.
I have some confusion about the last action rule.

Say my H1 is approved in august 2013 (starting from 1-oct-2013) and my L1 extension gets approved in sep 2013.
1. what are my options if i want to work for H1 employer?
2. Can i go on 2 week vacation while my h1b with cos is being filed in april 2013?

[raghvi]

I am currently on L1 expiring in nov 2013 for which my employer is filing extension.
I also have another employer filing H1 with COS.
I have some confusion about the last action rule.

Say my H1 is approved in august 2013 (starting from 1-oct-2013) and my L1 extension gets approved in sep 2013.
1. what are my options if i want to work for H1 employer?
2. Can i go on 2 week vacation while my h1b with cos is being filed in april 2013?

Firstly, its best to avoid travel while COS is filed . Also, in order to avoid confusion and last action rule best option would be to travel out of US and return on the visa that you want to be on. So if you want to be on H1 , get H1 stamped and return on H1, and if you want to be on L1 get L1 stamped and return.

This is my opinion not legal advice.

[mike.ryan]

Firstly, its best to avoid travel while COS is filed . Also, in order to avoid confusion and last action rule best option would be to travel out of US and return on the visa that you want to be on. So if you want to be on H1 , get H1 stamped and return on H1, and if you want to be on L1 get L1 stamped and return.

This is my opinion not legal advice.

Thanks for your answers, some more questions for you.
1. what would happen if travel is important and should depends also be physically present for cos
2. should i resign from L1 company go back get H1 stamped and come in for H1 employer or can i resign L1 job after stamping and say my stamping is rejected can i still come back on L1.

[raghvi]

If travel is unavoidable and you want to return on H1 I would suggest you file H1 as consular processing, travel , get H1 stamped after petition approval and travel back into US around H1 approval date (one can travel around a week max before H1 start date).

I would not suggest you resign with the L1 employer and then travel as you would risk being jobless in case H1 stamping gets rejected.

You would have to plan your travel after H1 petition approval and take the approved petition to go for H1 stamping. Once H1 is stamped in your passport your existing L1 in passport will be marked CWOP (cancelled without Prejudice) as a result you would not be able to travel back on L1. There have been cases wherein the H1 was put into Admin processing and simultaneously L1 was cancelled in which case again you would not be able to travel on L1. Its because of similar risks with stamping its recommended to avoid travel.

Many people whose L1 I-94 is valid beyond Oct-2013 file L1 to H1 as COS, which converts them to H1 from h1 start date automatically, in this case one should not work with L1 employer beyond this date. If you want to work with L1 employer, recommended to travel outside US and return on L1 visa (you can return on L1 till Nov 2013 as you have valid L1 till that time).



This is my opinion not legal advice.

[mike.ryan]

If travel is unavoidable and you want to return on H1 I would suggest you file H1 as consular processing, travel , get H1 stamped after petition approval and travel back into US around H1 approval date (one can travel around a week max before H1 start date).

I would not suggest you resign with the L1 employer and then travel as you would risk being jobless in case H1 stamping gets rejected.

You would have to plan your travel after H1 petition approval and take the approved petition to go for H1 stamping. Once H1 is stamped in your passport your existing L1 in passport will be marked CWOP (cancelled without Prejudice) as a result you would not be able to travel back on L1. There have been cases wherein the H1 was put into Admin processing and simultaneously L1 was cancelled in which case again you would not be able to travel on L1. Its because of similar risks with stamping its recommended to avoid travel.

Many people whose L1 I-94 is valid beyond Oct-2013 file L1 to H1 as COS, which converts them to H1 from h1 start date automatically, in this case one should not work with L1 employer beyond this date. If you want to work with L1 employer, recommended to travel outside US and return on L1 visa (you can return on L1 till Nov 2013 as you have valid L1 till that time).



This is my opinion not legal advice.

Thanks raghvi,
In my case can I transfer h1 to some other employee without stamping?