L1B - H1B COS = Options to Retain L1B Status

[soumya.garapati]

Hello - I am in US with employer A on L1B valid until Nov-2014. COS from L1B - H1B got approved on 9/5 and the dependent's COS L2 to H4. The COS is approved to with immediate effect starting 9/5 for next 2 years authorized to work with employer B who transferred the expired H1B petition from ex-employer C.

Employer A is keen to retain me and willing to process my green card. As the COS is approved with effect 9/5, is my current L1B still valid ? Can I continue with employer A on existing L1B ? If not what are immediate options to continue on L1B with existing employer A ? Immediate implications of my dependent's L2 to H4 COS and suggest ways to retain my L1 and dependent's L2 status.

[raghvi]

Hello - I am in US with employer A on L1B valid until Nov-2014. COS from L1B - H1B got approved on 9/5 and the dependent's COS L2 to H4. The COS is approved to with immediate effect starting 9/5 for next 2 years authorized to work with employer B who transferred the expired H1B petition from ex-employer C.

Employer A is keen to retain me and willing to process my green card. As the COS is approved with effect 9/5, is my current L1B still valid ? Can I continue with employer A on existing L1B ? If not what are immediate options to continue on L1B with existing employer A ? Immediate implications of my dependent's L2 to H4 COS and suggest ways to retain my L1 and dependent's L2 status.

If your L1 to H1 COS and L2 to H4 COS was approved with new I-94 and start date of 9/5 then you should be working only with the H1 employer from that day onwards. In this case Employer B. If you are not working with Employer B you are accumulating out of status period.

The only way of going back to L1 for yourself and L2 for dependents is to leave US and re enter by using the respective L1 and L2 visas (if they are still valid).

This is my opinion not legal advice.

[soumya.garapati]

If your L1 to H1 COS and L2 to H4 COS was approved with new I-94 and start date of 9/5 then you should be working only with the H1 employer from that day onwards. In this case Employer B. If you are not working with Employer B you are accumulating out of status period.

The only way of going back to L1 for yourself and L2 for dependents is to leave US and re enter by using the respective L1 and L2 visas (if they are still valid).

This is my opinion not legal advice.

Thanks for replies. Can you elaborate "accumulating out of status period" mean ? & not joining employer B immediately post COS, extending with employer A while negotiations (the 3 year L1B & I94 with existing employer A is valid until Aug'14 ).

Is there any max duration (days, months) allowed to switch between employers post L1B to H1B COS, please suggest.

[raghvi]

Thanks for replies. Can you elaborate "accumulating out of status period" mean ? & not joining employer B immediately post COS, extending with employer A while negotiations (the 3 year L1B & I94 with existing employer A is valid until Aug'14 ).

Is there any max duration (days, months) allowed to switch between employers post L1B to H1B COS, please suggest.

COS approval means you got a new H1 I797 petition with a valid I-94 at the bottom. If that is right then yes you are accumulating out of status period as you are not working with employer B.

You not joining Employer B is resulting in out of status period. As per the USCIS records you are in H1 status from 05-Sep-2013 onwards and you should be working with employer B only. If you are not you are accumulating out of status period. The longer the out of status the more difficult it will be in the long run.

Even if you had a valid I-94 with L1 employer, you having got a new I-94 as part of L1 to H1 COS approval nullifies the L1 I-94.

In your case there is no grace period allowed between L1 to H1 COS (weekends/national holidays excluded).

This is my opinion not legal advice.