L1A ro H1B Change of Status - Cancellation

[stan]

Hello,

I am in US on L1A and applied for H1B with Change of Status with a different employer. H1B is filed under normal processing and is still pending with Vermont Service Center. Now, I am thinking of staying back with my L1B employer. I am really worried about COS implications.

1. What is the best way to cancel the change of status?
2. I read through the forums that traveling out of US can cancel the COS effectively. Does it need to be done after approval date or before? If COS is aproved Oct 01, what would be the best dates to travel out of the country?
3. What would be the COS effective date if Vermont service center approves my H1B with COS after October 1 2013?
4. Can I travel to Mexico or some neighboring country and come back on my current L1B to nullify approved COS?

Any help would be really appreciated.

Thanks a lot!

[mkv17011]

Couple of years back one of my friends too underwent same scenario (L1B and he processed H1B, but later on decided/ wants to be continue in L1B). He had consulted Atorney and based on that, he traveled before Oct 1st to India and then traveled back to US on L1B Visa and petition (I guess one need to travel to any country and re-enter to US with same old visa and petition).

Hope this helps (I have posted a question on 'L1A confusion' - Can you pls check and that and provide inputs for my case, if you know - Thank you)

[raghvi]

MKV's suggestion is probably the safest way to avoid the automatic COS. But this holds true only if your H1 approval comes in before 01-OCt-2013. If L1 to H1 wasnt done in premium processing, sometimes the COS approval comes in after 01-OCt-2013 in such circumstances it becomes difficult to plan a travel outside US. Bottom line as as long as you are outside US betweeen few days before and few days after H1 approval one would not move to H1.

If you are sure you will get H1 approval before 01-Oct-2013 then advisable to leave US with H1 approval and I-94 around Sept End. Hand over the currentLl1 I94, and I-94 that comes with H1 approval while leaving and return Oct first week or later on L1 in order to get new L1 I-94 and move to L1 status. Make sure to keep copies of all I-94s.
If not sure about approval date, leave around Sept end, and not return till H1 approval date. Once h1 approval reaches employer, re enter US on valid L1. The catch is your employer may not be willing to tell you if they have got the approval or not and your current employer also will sense something fishy if you decide to leave Sep End without any definite return date. You will have to manage the expectations of both the employers just in case.

Read more about the Leap Frog principle at https://www.immihelp.com/h1b-visa-change-of-status-faq/


If your L1 employer wants to keep you and you also want to work with them you could also do a transfer of h1 to the current L1 employer. But thats a separate process.


This is my opinion not legal advice.