Urgent Help needed on L1 to H1 issue

[d_indrani]

Hi,
I am on L1A with my current employer(A) since 2009 and got my first extension approved by 2012 Aug which is valid till Aug'2014.
So right now I have an approved L1A and valid I94 till Aug'2014. Meanwhile another company(employer B) applied my H1B this year which got approved yesterday. The issue is that new employer is telling me that
I have to leave my current job within 30 days but they don't have any projects ready for me right now.

After going through all such discussions; I am really not ready to leave my current employer at this moment and I want to retain my L1A status. Current Employer will file another extension by 2014 Feb for next 2 years as L1A has 7 yrs.

Can anyone suggest me on what should I do to retain my L1 status active? should I immediately go back to India and stamp/enter back to US on L1A?
I have also tried to contact an immigration lawyer and as per him I should not be bothered as long as I have valid I94 with my valid L1A. I can chose between 2 and stay with L1A itself till aug'2014.
I am confused as different other site says differently.

I really need help to understand the process and decide my next action on this.

Thank you everyone for your time.

Thanks

[raghvi]

Hi,
I am on L1A with my current employer(A) since 2009 and got my first extension approved by 2012 Aug which is valid till Aug'2014.
So right now I have an approved L1A and valid I94 till Aug'2014. Meanwhile another company(employer B) applied my H1B this year which got approved yesterday. The issue is that new employer is telling me that
I have to leave my current job within 30 days but they don't have any projects ready for me right now.

After going through all such discussions; I am really not ready to leave my current employer at this moment and I want to retain my L1A status. Current Employer will file another extension by 2014 Feb for next 2 years as L1A has 7 yrs.

Can anyone suggest me on what should I do to retain my L1 status active? should I immediately go back to India and stamp/enter back to US on L1A?
I have also tried to contact an immigration lawyer and as per him I should not be bothered as long as I have valid I94 with my valid L1A. I can chose between 2 and stay with L1A itself till aug'2014.
I am confused as different other site says differently.

I really need help to understand the process and decide my next action on this.

Thank you everyone for your time.

Thanks

One should always assess the impact of a COS before jumping into it.

If L1 to H1 was applied as COS (which I am assuming is the case as you have two I-94s now) then you should work only with the H1 employer. Any employment with L1 employer, post a COS approval to H1 for another employer, is illegal.

As your L1A has expired in the passport, the only way to continue working with L1A employer is to leave US, get new L1A stamped outside US and return on the L1A.

This is my opinion not legal advice.

[d_indrani]

Urgent Help needed on L1 to H1 issue

Hi Raghvi,
Thank you very much for your feedback. I have also spoken to an immigration lawyer. He agreed on your first part but he is not sure that if I can go back to India and get stamped based on my L1A extension approval. I may be asked about my H1B as it may show on their system as change of status.
So I am now confused as the lawyer could not suggest me properly; what should I do? Do be at safe side and to continue on L1A is there any valid/legal way which can help me to come out of this issue?

Because right now not sure about whom should I listen to and take decisions. I can leave for India in next 2 days if needed.

Thanks

[raghvi]

Hi Raghvi,
Thank you very much for your feedback. I have also spoken to an immigration lawyer. He agreed on your first part but he is not sure that if I can go back to India and get stamped based on my L1A extension approval. I may be asked about my H1B as it may show on their system as change of status.
So I am now confused as the lawyer could not suggest me properly; what should I do? Do be at safe side and to continue on L1A is there any valid/legal way which can help me to come out of this issue?

Because right now not sure about whom should I listen to and take decisions. I can leave for India in next 2 days if needed.

Thanks

You would have to take your chances. Not working for H1 employer post COS to H1 makes you out of status currently.

You can also go to a neighboring country and get L1A stamped and return but that carries an additional risk that if your L1 goes to admin processing you would either have to wait there or proceed to India from there on.

If you are not joining the H1 employer the only possible way to move back to L1 is to leave US get L1A stamped and return.

This is my opinion not legal advice.

[d_indrani]

And also wanted to let you know that my L1 visa was stamped on 2009 which was valid till 2012 Aug. Then in 2012 Aug I have got my L1B upgraded as L1A as an extension of stay till 2014 Aug but this is not yet stamped as I did not travel out of US since then.
So I have L1A extension approval petition and new I94 with that and suddenly I was informed by the another company that the H1B is approved but they never told us that my application got selected and I was on for that.
So I am really in a tricky situation as I want to continue with my current employer on L1A. Thsi 2nd company never contacted me or reverted back to my emails/calls
in last 5-6 months.

Please advise and help if you can with your knowledge.

Thanks

[raghvi]

And also wanted to let you know that my L1 visa was stamped on 2009 which was valid till 2012 Aug. Then in 2012 Aug I have got my L1B upgraded as L1A as an extension of stay till 2014 Aug but this is not yet stamped as I did not travel out of US since then.
So I have L1A extension approval petition and new I94 with that and suddenly I was informed by the another company that the H1B is approved but they never told us that my application got selected and I was on for that.
So I am really in a tricky situation as I want to continue with my current employer on L1A. Thsi 2nd company never contacted me or reverted back to my emails/calls
in last 5-6 months.

Please advise and help if you can with your knowledge.

Thanks

Many consultancies play such games as they know that if H1 COS is approved you are basically bound to work for them. The talk about "employment at will" is not really so. But again you agreed to a COS so should adhere to the changed Status rules which in your case is H1 and should work only with the H1 employer.

As I said earlier, you are accumulating out of status currently by not working with the H1 employer. The longer the out of status period the more the problems later on. Your employment with the L1 employer is also illegal.

The only option that I can think of is you leaving US, getting new L1 stamping done and return on the newly stamped L1.

This is my opinion not legal advice.

[d_indrani]

Hi Raghvi,
Thank you very much.
I am leaving India by 8th and will take a chance to get my L1A stamped. But not sure about the risk at this moment as 2 different lawyers told me 2 different things.
And this consultancy never told me that he had applied with COS; after the H1 was in RFE; he did not even informed me that he has replied back and I have to leave immediately after the approval. He always emailed that he will reply to RFE at the end of 90 days and he would let me know. Now suddenly he has given the update and also he can not assign me for any project or pay at this moment.

But thank you very much for your time.

Thanks

Many consultancies play such games as they know that if H1 COS is approved you are basically bound to work for them. The talk about "employment at will" is not really so. But again you agreed to a COS so should adhere to the changed Status rules which in your case is H1 and should work only with the H1 employer.

As I said earlier, you are accumulating out of status currently by not working with the H1 employer. The longer the out of status period the more the problems later on. Your employment with the L1 employer is also illegal.

The only option that I can think of is you leaving US, getting new L1 stamping done and return on the newly stamped L1.

This is my opinion not legal advice.

[raghvi]

Hi Raghvi,
Thank you very much.
I am leaving India by 8th and will take a chance to get my L1A stamped. But not sure about the risk at this moment as 2 different lawyers told me 2 different things.
And this consultancy never told me that he had applied with COS; after the H1 was in RFE; he did not even informed me that he has replied back and I have to leave immediately after the approval. He always emailed that he will reply to RFE at the end of 90 days and he would let me know. Now suddenly he has given the update and also he can not assign me for any project or pay at this moment.

But thank you very much for your time.

Thanks

Did you receive the H1 I797 along with the I-94 at the bottom? If the H1 employer says that they dont have a project or cannot pay for you, you can complain to DOL. Also technically as you are on H1 status for the H1 employer, if they dont have work or are unable to pay you, they are legally bound to pay for your flight ticket back to home country. I would strongly advice talking to a good attorney to determine your options.

This is my opinion not legal advice.

[d_indrani]

Hi Raghvi,
No I haven't received anything yet; was informed by that company that the H1B was approved. Yes I can take some actions but this moment I am more concern about my L1A stamping as I don't want to leave my current employer all of sudden. And they would not want me to leave either; so I am employed with them and right now trying to save my L1A.

But yes as you have said; I can always complain against such companies. I will look for all these once I am back on my L1 status; I don't want anything to be handled illegally.

Thank you for all the support although I am not sure what will be the outcome for my case.

Thanks

[raghvi]

Hi Raghvi,
No I haven't received anything yet; was informed by that company that the H1B was approved. Yes I can take some actions but this moment I am more concern about my L1A stamping as I don't want to leave my current employer all of sudden. And they would not want me to leave either; so I am employed with them and right now trying to save my L1A.

But yes as you have said; I can always complain against such companies. I will look for all these once I am back on my L1 status; I don't want anything to be handled illegally.

Thank you for all the support although I am not sure what will be the outcome for my case.

Thanks

H1 approval can mean either as COS or as Consular process. So unless you see the I-94 for sure along with the approved H1 I dont think you should blindly trust the employee in assuming your H1 was approved. You can tell them if they are not sending them the copy along with the I-94 as well as not paying for your return ticket as they dont have work for you , you would go to the DOL to call off their bluff if any. Hence the reason to take it up with a good attorney to issue the right notice.

This is my opinion not legal advice.