L1A to H1B - can I continue in L1A

[rgmvk]

I am on L1A for company A and my I94 is valid till Aug 2014. Company B processed my H1B.
Can I continue in my L1A status after October 1st 2013? Should I do anything to keep my L1A status for few more months.

thanks a lot for your inputs.

[raghvi]

I am on L1A for company A and my I94 is valid till Aug 2014. Company B processed my H1B.
Can I continue in my L1A status after October 1st 2013? Should I do anything to keep my L1A status for few more months.

thanks a lot for your inputs.

No you cannot if your H1 was processed as COS. If it was approved with a new I 94 then you have to work with B from H1 start date otherwise you will go out of status.
In order to continue working with A you can either leave US before H1 start date and re enter , after your H1 start date, on your L1A visa ( if not yet expired).

OR

You could ask B to file and amendment to H1 petition making it consular processing instead of COS before 01-Oct-2013.

This is my opinion not legal advice.

This is my

[snowy]

In order to continue working with A you can either leave US before H1 start date and re enter , after your H1 start date, on your L1A visa ( if not yet expired).

@raghvi I am new so I might not be aware of this but isn't COS abandoned as soon as one leaves US? As in, as soon rgmvk departs from US before the H-1B start date the COS will automatically get suspended, then even if he renters before H-1B start date on L-1A (he can only enter on this unless he gets H-1B stamped) his status will not change to H-1B since the COS was suspended?

@rgmvk If your H-1B approval receipt is a I-797A form then your H-1B was filed with COS, if it is a I-797B form then it was processed for consular stamping.

[raghvi]

@raghvi I am new so I might not be aware of this but isn't COS abandoned as soon as one leaves US? As in, as soon rgmvk departs from US before the H-1B start date the COS will automatically get suspended, then even if he renters before H-1B start date on L-1A (he can only enter on this unless he gets H-1B stamped) his status will not change to H-1B since the COS was suspended?

@rgmvk If your H-1B approval receipt is a I-797A form then your H-1B was filed with COS, if it is a I-797B form then it was processed for consular stamping.

It depends upon whether COS is approved before travel or not.

If COS is approved before travel then the COS was not abandoned. In this case if the person still returns on some other visa before COS effective date, the COS still takes place on the said date as it is future dated at the time of departure. So in this example, if H1 start date is 01-Oct-2013 and person returns on L1A before 01-Oct-2013, the COS to H1 still kicks in on 01-Oct-2013.

If COS is pending when person leaves then it is considered abandoned.

Now , it is very much possible, because of manual involvement and multiple entity involvement that the COS gets approved while the person is outside, but as the person outside doesnt have any immigrant status a COS approved while one is outside US has no meaning. The status will then be determined by the visa type the person chooses to enter US subsequently.

This is my opinion not legal advice.

[rgmvk]

L1A to H1B - Can I continue in L1A

@raghvi & snowy - sincere thanks..

I am yet to receive original papers from company B. However it was filed without COS while I was in India. see below.

Starting Validity Date: 10/01/13
Ending Validity Date: 08/31/16
Consulate notified (if applicable): CHENNAI

I entered US in May 2013 on my existing L1A and got I94 till Aug 2014. Can I continue working for Company A post Oct 1, 2013?
should I inform company A about my H1B at all?

thanks again,