Automatic Cancellation of L1A on 01Oct2008

[Arkotak]

Presently I am on L1A visa working for my Current employer, Company B has applied for my H1 B which is approved. Would this cancel my L1A visa automatically on 01Oct2008?, and that I would be forced to join Company B?

[DMX17]

You are not using correct terms. Did you mean L1A Visa on passport or the
L1A status. Status changes to H1 if the H1 is approved with a Change of Status. H1 I-797 comes with an attached I-94.

Search for Leapfrog and forum. These is a fairly common question.

http://www.immihelp.com/forum/showthread.php?t=44276

[Arkotak]

L1A Status

Presently I am on L1 A with an approved I797 petition with I94 expiry date of 2009. Last year my I94 expired and the L1 A Petition was renewed by my company and I continued to remain in USA. If I go back to India I have to get it stamped on my Passport.

Now in this scenario, since my h1 B is approved, would this imply my L1A would automatically get cancelled?

[C4us]

It does not cancel your visa but you will be out of status if you do not join H1B company on Oct 1 if it was filed and approved as a COS; you would have received an H1B I-94.

[Arkotak]

Yes my prospective employer has received the petition with I94 date which is valid till Oct 2011.
Today I am having an L1 A Extension petition copy with I94 expiry of Sept2009. My passport is stamped with an I94 date of sept 2007 which is expired
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If I then want to continue with my present employer what are the options?
Can I travel to India get the L1 A Stamped on my Passport and then travel back on L1A again?
What happens to the H1 B in this case?
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[sabiya]

Search for Leap frog.
To continue to work on L1 with your current employer, you need to go out of US before Oct 01 and come back after Oct 01 with you new L1A I94
This was you will be out of status of H1B after Oct 01 if you are not in the US.
This way you can work on L1A.

Whenever in the future you want to start working for H1B employer you can do the following things:

a) Ask the H1B employer to file an amendement with USCIS so that you will have a COS from L1A to H1B, after which you can stat working.
b) Go back from US, get your H1 stamped. This way your L1 will be invalid. This way you can come back to the US with your H1.

[C4us]

If you did not want to work on H1B, why did you file? You have deprived another applicant of the opportunity.

I wish it was a "use it or lose it" to keep this from happening.

[Arkotak]

Projects & Assignments cannot be left in between....
The H1 would be used but at a later point after Key milestone completion in the existing project with the curent employer...

Thanks.

[txh1b]

You have been told what needs to be done.