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  • L1B to H1B Conversion.

    Hi,

    I am re posting this with additional questions.

    I am currently on L1B and have valid status till July 2018. Another company filed H1B this year April 2017. I have few questions.

    1.) My H1 case was picked up in lottery for this year 2017 and the status says the case is received. After H1 Was filed I went to India in April 2017 and returned in May 2017 for some personal reason. I got new I94 valid till July 2018 as I entered to USA in May 2017. While filing for H1 the old I94 were used. My new employer applied for COS from L1 to H1. My main doubt is will H1 petition get approved but not COS as I am out for 4 weeks or it doesn't matter as I am in valid status now?.

    2.) I asked the new employer to file for Consular process to have some time, but they went ahead and filed for COS without informing me. They say L1 to H1 with consular processing will have less options of approval. What are the options for me now to stay in L1B even though H1B+COS is approved without going out of the country.

    3.) I got the receipt number for my H1, but I have asked the receipt notice from the new employer and they are delaying it saying it is misplaced and might get a new one. It might take some time.How do we know the receipt number belongs to us?. I don't think there is a way like this. I am tired of these companies. No professionalism.

  • #2
    L1 to H1 COS after employment termination

    I am in US in L1 visa with 2 more years validity. I got picked in 2017 H1B lottery from two new employers and awaiting approval for Change-of-Status on both of them. But my current L1 employer came to know about it and is threatening to sign a $25K bond to stay with them for next 2 years or they will terminate my employment.

    1. If they terminate me, can I stay in the US till my H1B is approved effective 01st October 2017 using "Final Rule"?.
    2. If I sign that bond and want to continue with L1 employer, can I go to Bermuda for a day to cancel my H1 COS I-94 and return back on L1? I've heard that Bermuda does not need any visa for Indian citizens.

    Highly appreciate your help.

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    • #3
      I am in US in L1 visa with 2 more years validity. I got picked in 2017 H1B lottery from two new employers and awaiting approval for Change-of-Status on both of them. But my current L1 employer came to know about it and is threatening to sign a $25K bond to stay with them for next 2 years or they will terminate my employment.

      1. If they terminate me, can I stay in the US till my H1B is approved effective 01st October 2017 using "Final Rule"?.
      2. If I sign that bond and want to continue with L1 employer, can I go to Bermuda for a day to cancel my H1 COS I-94 and return back on L1? I've heard that Bermuda does not need any visa for Indian citizens.

      Highly appreciate your help.
      If they terminate you, the major problem would be that your H1 COS would most likely be rejected, i.e., you would have to go the consular processing route viz., go and get the H1 visa stamped.
      Just an opinion; Not legal advice.

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      • #4
        Senior members - Please respond to my Questions Thank You.

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