L1 A to H1b COS- Post Oct1st question- Strange scenario

[ajaikrish]

Hi Newbie here,

Not sure if this is the correct thread to ask this question but im in a very precarious situation and need you experts help and advise


Below is my scenario


1. Company A -L1 visa expired on Jul-15. Applied for extension and was approved until 2017
2. Applied for H1b through company B and was approved and valid from Oct 1st 2015 to Sep 30 2016
3. As of today (Nov-15) im still working with company A as i dint get a good job through company B.
4. Company B wants to run a payroll from November for audit purpose
4. Now Company A is ready to process green card now.

Im looking at options now. Any inputs will be appreciated.

1. If i go out of USA and get a stamping and reenter to process green card through company A? Is this open available?
2. Or i have to put papers and join company b? is that the only option?

[raghvi]

Hi Newbie here,

Not sure if this is the correct thread to ask this question but im in a very precarious situation and need you experts help and advise


Below is my scenario


1. Company A -L1 visa expired on Jul-15. Applied for extension and was approved until 2017
2. Applied for H1b through company B and was approved and valid from Oct 1st 2015 to Sep 30 2016
3. As of today (Nov-15) im still working with company A as i dint get a good job through company B.
4. Company B wants to run a payroll from November for audit purpose
4. Now Company A is ready to process green card now.

Im looking at options now. Any inputs will be appreciated.

1. If i go out of USA and get a stamping and reenter to process green card through company A? Is this open available?
2. Or i have to put papers and join company b? is that the only option?

Was h1 approved as COS? That is, did it come with a new I-94? If yes, then your employment with L1 employer is illegal.

If application was a COS and you still want to work only with A then I would suggest you leave US and try to re enter US on company A's L1 visa, if visa has expired then you have to get your self a new visa.



This is my opinion not legal advice.

[ajaikrish]

Was h1 approved as COS? That is, did it come with a new I-94? If yes, then your employment with L1 employer is illegal.

If application was a COS and you still want to work only with A then I would suggest you leave US and try to re enter US on company A's L1 visa, if visa has expired then you have to get your self a new visa.



This is my opinion not legal advice.

Hi Thanks for responding.

Yes my H1 was approved as COS and came with a new I94.

If i still want to work with Employer A i can leave US, get the stamping for L1 and come back correct? In this case if want to apply for H1 again next year, will it be through lottery?

[raghvi]

Hi Thanks for responding.

Yes my H1 was approved as COS and came with a new I94.

If i still want to work with Employer A i can leave US, get the stamping for L1 and come back correct? In this case if want to apply for H1 again next year, will it be through lottery?

Yes you can but you have to declare in the DS-160 that you were out of status and violated the terms of your status while in US.

This is my opinion not legal advice