Do not want to get converted to H1 from L1

[vinotz]

Hi,

I am currently in L1B and had applied for H1B conversion in my company. But around March this year, my wife got a good job opportunity (in L2 EAD) and her company said it was too late for converting her to H1B for this year. So to ensure that her job/visa/EAD is not affected, I requested my company to scrap by H1B conversion case and they also responded that they deleted my case. But now they have come back to me saying that, by mistake, during April first week they sent my case along with rest of the cases to USCIS for H1B conversion. Now I need your help/advice on the below questions.

1) When am I officially approved for an H1B visa? As soon as I am through the lottery or at a later point when my petition gets approved after submitting some SOW/Client letters?
2) Is there any way of stopping my H1 conversion now?
3) What happens if i get selected in the lottery and I still apply for an L1B to L1A conversion? (yes I am eligible for L1A)
4) I also see some comments about travelling out of US during October 1st week and coming back after a week so that I come back in L1 visa itself. Is that an option? My L1B expires on Oct 27, 2016 (i94 expiry is April 14, 2017). Will my visa expiry cause a problem in this option?

Appreciate your help/advice in this in advance.

Thanks!

[Libra_14]

1) When am I officially approved for an H1B visa? As soon as I am through the lottery or at a later point when my petition gets approved after submitting some SOW/Client letters?

COS, post petition approval.

2) Is there any way of stopping my H1 conversion now?

Yes, withdraw the H1B petition - its still not processed.

3) What happens if i get selected in the lottery and I still apply for an L1B to L1A conversion? (yes I am eligible for L1A)

Yes, you can do that as well.

4) I also see some comments about travelling out of US during October 1st week and coming back after a week so that I come back in L1 visa itself. Is that an option? My L1B expires on Oct 27, 2016 (i94 expiry is April 14, 2017). Will my visa expiry cause a problem in this option?

As long as your I94 is valid & your petition is also not expired, you can continue to work within USA.

[raghvi]

Hi,

I am currently in L1B and had applied for H1B conversion in my company. But around March this year, my wife got a good job opportunity (in L2 EAD) and her company said it was too late for converting her to H1B for this year. So to ensure that her job/visa/EAD is not affected, I requested my company to scrap by H1B conversion case and they also responded that they deleted my case. But now they have come back to me saying that, by mistake, during April first week they sent my case along with rest of the cases to USCIS for H1B conversion. Now I need your help/advice on the below questions.

1) When am I officially approved for an H1B visa? As soon as I am through the lottery or at a later point when my petition gets approved after submitting some SOW/Client letters?
2) Is there any way of stopping my H1 conversion now?
3) What happens if i get selected in the lottery and I still apply for an L1B to L1A conversion? (yes I am eligible for L1A)
4) I also see some comments about travelling out of US during October 1st week and coming back after a week so that I come back in L1 visa itself. Is that an option? My L1B expires on Oct 27, 2016 (i94 expiry is April 14, 2017). Will my visa expiry cause a problem in this option?

Appreciate your help/advice in this in advance.

Thanks!

1. A fresh cap subject petition can come into effect only from 01-Oct-2016 or later. So if your H1 was applied as COS and is approved with I-94 before 01-Oct-2016 then you would automatically move to h1 from 01-Oct-2016 and must work and get paid by H1 employer.
2. Yes, by withdrawing the H1, but I dont see why you would do that, getting through H1 lottery is lucky, why waste it? Try doing a leap frog in order to avoid an automatic COS.
3. Did you get a promotion recently or in the past? If yes, When? You can potentially file L1A, but it can lead to confusion later on, Suppose, H1 COS approval happens from 01-Oct-2016 onward, then as I said you must work with H1 employer from that date, now suppose L1B to L1A approval happens after that then you should start working with L1 employer.
4. You should travel before COS start date and return after COS effective date in order to avoid the automatic move to H1. This is termed as "Leap Frog". But as your L1 itself is expiring 27th Oct 2016, you will get I-94 only till that time leaving you and your company barely 2-3 weeks to file for L1 extension/conversion to L1A.

First thing you need to determine is, if your H1 was applied as COS or not.

This is my opinion not legal advice.

[vinotz]

Thanks so much for the reply. I am in a deeper trouble now. Here is my situation.

My company immigration team did not withdraw my H1 by mistake and unfortunately (or fortunately) my H1B got lot selected/approved. Now I still want to stay in L1 (my spouse is working) so our immigration team is asking me to try 'Leap Frog' by applying for new L1B in Canada with stamping date around September end / October 1st week, so that I will come back to US with a new L1 Visa (If approved). Again luckily i have got the slots in Canadian consulate for September last week for my L1B visa and if all goes according to plan, I will get a new stamped L1 visa and i will end up doing a 'Leap Frog' to avoid my H1. Now a couple of questions on this.

1) My current I94 is valid till May 2017 and current L1 expiry is October last week, 2016. If in case my new L1B gets rejected in Canada, can i enter back to US with my old L1 visa which would still be valid?
2) Now that my H1 is also approved, can i get my H1B stamped and come back to US after my L1 gets rejected (if in case)? In that scenario, should i be submitting a new DS160 and undergo consulate appt etc..? Will I be able to book two appointments first?
3) What are the chances of my L1B getting rejected in the first place? I keep hearing that the rejection rate is low in Canada but not sure if it is true.

Any advice would be appreciated.

Thanks!

[vinotz]

Pls help

Hi,

any updates on this? Please help and advice

[vinotz]

Can anyone please help on this

[raghvi]

Thanks so much for the reply. I am in a deeper trouble now. Here is my situation.

My company immigration team did not withdraw my H1 by mistake and unfortunately (or fortunately) my H1B got lot selected/approved. Now I still want to stay in L1 (my spouse is working) so our immigration team is asking me to try 'Leap Frog' by applying for new L1B in Canada with stamping date around September end / October 1st week, so that I will come back to US with a new L1 Visa (If approved). Again luckily i have got the slots in Canadian consulate for September last week for my L1B visa and if all goes according to plan, I will get a new stamped L1 visa and i will end up doing a 'Leap Frog' to avoid my H1. Now a couple of questions on this.

1) My current I94 is valid till May 2017 and current L1 expiry is October last week, 2016. If in case my new L1B gets rejected in Canada, can i enter back to US with my old L1 visa which would still be valid?
2) Now that my H1 is also approved, can i get my H1B stamped and come back to US after my L1 gets rejected (if in case)? In that scenario, should i be submitting a new DS160 and undergo consulate appt etc..? Will I be able to book two appointments first?
3) What are the chances of my L1B getting rejected in the first place? I keep hearing that the rejection rate is low in Canada but not sure if it is true.

Any advice would be appreciated.

Thanks!

1. Yes if they do not cancel your existing visa.
2. Yes, but you need to schedule a new appointment by filling a new DS-160. I do no think you can book two appointments for different visa categories at the same time.
3. It depends upon the documentation.

This is my opinion not legal advice.