Change of status from L1A to H1B procedure of cancel

[NewUS_user]

Hi,

I am working for company X with L1A visa and my I-94 expiry date is Jan-2015, and I have applied for H1B transfer with company Y.

My question:

1) can I work with company X after 1st October even if COS approve for H1B?

2) if I go outside US before 1st October (say 29 September) and return after 1st October (Say 3rd October) then still H1B will be valid for employer Y? and can I work with employer X?

3) if I work with employer X and they start GC based on L1A , is there any problem processing on that?

4) what would be the options if I go with employer X for GC and employer Y for GC?

Thanks,

User.

[raghvi]

Hi,

I am working for company X with L1A visa and my I-94 expiry date is Jan-2015, and I have applied for H1B transfer with company Y.

My question:

1) can I work with company X after 1st October even if COS approve for H1B?

2) if I go outside US before 1st October (say 29 September) and return after 1st October (Say 3rd October) then still H1B will be valid for employer Y? and can I work with employer X?

3) if I work with employer X and they start GC based on L1A , is there any problem processing on that?

4) what would be the options if I go with employer X for GC and employer Y for GC?

Thanks,


User.

1. No.
2. Yes only if you re-enter US after the tentative H1 start date using your existing L1A. Remember you should have a valid L1A in passport in order to return on L1A. If you use L1A to enter US you can work with X. If you get a H1 stamped and enter on H1 you can work with Y. If you enter US on L1A and work with X, in order to work with Y or any other employer using the H1 you will have to file a L1A to H1 COS again.
3. I dont see any problem.
4. Well on L1A with X you can technically file under EB1 and if everything goes well you can get GC in a year or so. With Employer Y on H1 it may not be easy to file GC under EB1, and you will have to file EB2/EB3 based upon the job requirement. Eb2/EB3 can take 5-10 Years to get a GC.

This is my opinion not legal advice.

[NewUS_user]

Many thanks for your reply, I have few more questions on this

1) in case my H1B not approved till date of 1st October and I travel before 1st October and return sometime middle of October, Can I enter with L1A visa?
2) what will be status of my H1B visa and L1A visa?
3) what would be the status of my dependent L2 visa?
4) also please advice what would be in case my H1B approved before 1st October and me & my dependent travelled outside US before 1st October and return after that date, they can enter to US legally without any problem?

Many thanks again for your help and support.

[raghvi]

Many thanks for your reply, I have few more questions on this

1) in case my H1B not approved till date of 1st October and I travel before 1st October and return sometime middle of October, Can I enter with L1A visa?
2) what will be status of my H1B visa and L1A visa?
3) what would be the status of my dependent L2 visa?
4) also please advice what would be in case my H1B approved before 1st October and me & my dependent travelled outside US before 1st October and return after that date, they can enter to US legally without any problem?

Many thanks again for your help and support.

Till when is your L1A Stamp in the passport valid? Till when is the L2 stamping valid in your dependents passports?

1. If your L1A visa is valid then yes you can, and to avoid complications, advised to enter on L1A only after H1 approval date.
2. In case you leap frog, H1B petition if approved will be valid but COS would be abandoned. In order to move to H1 in future you will have to file L1 to H1 COS again.
3. L2 is totally dependent on L1 if you are in L1 they should be in L2 and if you move to H1 they have to move to H4 (unless of course if they want to process their own H1s etc)
4. Yes if you have a valid L1 and they have a valid L2 in their passport.

This is my opinion not legal advice.

[NewUS_user]

Many many thanks for your continuos support,few more question on this

1) if I have travelled 29 th september and return 10th October, and I am not sure of COS date, what will be next step for me. Since my old I-94 has been invalid now and even if
my COS date of H1B is later then the 10th october, what would be status of my L1 and H1?
2) do I need to join the oraganization holding my H1B?

Thanks

[raghvi]

Many many thanks for your continuos support,few more question on this

1) if I have travelled 29 th september and return 10th October, and I am not sure of COS date, what will be next step for me. Since my old I-94 has been invalid now and even if
my COS date of H1B is later then the 10th october, what would be status of my L1 and H1?
2) do I need to join the oraganization holding my H1B?

Thanks

You would be on L1 and that is the purpose of leap frog.

COS is considered abandoned if one travels while it is pending.

an alien on whose behalf a change of nonimmigrant status has been filed and who travels outside the United States before the request is adjudicated is considered to have abandoned the request for a change of nonimmigrant status. This has been, and remains, the Service’s long-standing policy. The Office of Adjudications has described this particular policy in numerous letters and correspondence with the public and the legal community.

If at any time it comes to the attention of the Service that an alien on whose behalf a request for a change of nonimmigrant status has been filed has travel outside of the United States
during the pendency of the request for a change of status, the application or petition should be denied pursuant to 8 CFR 248.3(g).


This is my opinion not legal advice.