Urgent:L1 stamping in 2 days

[usvisapan1]

I was working with company ABC on L1-B.My L1B visa is expired, but I have L1B extention petition approved and an I-94 attached to it. Meanwhile I had applied for H1B in 2008 and I have approved H1B from company XYZ.
I was not aware that my H1B was with COS (Change of Status) and I continued to work for ABC for the whole month of October. Meanwhile, Due to medical emergency I had to come to India in 1st week of Nov, and my ABC employer fixed visa stamping appointment for the extended L1B.

After going through the forum, I have realised that H1B with COS (Change of status), becomes active from Oct 1st and I believe that my current status is H1b.

1)Please suggest what option do I have now?

2)Is it possible to go ahead with L1B visa stamping (13th Nov) and re-enter USA with L1B. what are the stakes involved interms of L1B stamping and H1B petition.

My interest is to come back to USA on L1B and then switch to H1, once I find project.

3)What are the legal issues I can have due to working in L1B in the month of October? Will it jeopradise my L1B stamping?

I would really appriciate if senior members can respond to these questions. This will help me in making a decision to go for L1B stamping in another 2 days and next steps.

[usvisapan1]

txh1b/C4us,

Could you please help me out with your advise. Need to decide on wheather to go for L1B stamping.

thanks

[C4us]

How many times must posters be told that it is not their responsibility to find a project. You have an employer - the employer that filed for your H1B.

Quite frankly, you have no excuse for violating the terms of your visas. You have been in the US and should be well aware that you were working illegally on L1B. It should, IMO, cause a denial; that may be the only way for the L1-H1B people to abide by US laws. What the VO will do about your illegal employment is anyones guess.

At some point you will go for a visa renewal or a new visa status interview; it will be an issue. There is no reason to avoid stamping now. If you are out of the US, you have no choice.

You need to exit and reenter the country to get back on L1B status anyway.

Don't compound your problems by going to the H1B employer and not get paid. If they have no work for you and will not pay you, you are just digging a deeper hole.

[usvisapan1]

DS 156 section 38 correction at the time of interview at Mumbai

Thank you for your response.

I am planning to go for stamping at mumbai consulate as scheduled for my L1B stamping.

Now the DS 156 form is filled by my ABC employer through whom I have my L1 and since it is mumbai consulate the documents have already been submitted.

Since it is clear that I have violated terms of US visa, Section 38 fourth bullet should be YES instead of NO in DS 156.

Can I correct this field by explaining my case to the officer who verifies the document at the time of interview at mumbai consulate.

What is the procedure to get this information corrected in DS 156?

Thanks again for your help!!..

[txh1b]

Correct it and explain to the VO about the COS that you were not aware of.

[hisri]

hi usvisapan1

What ever information provided by txh1b and C4us is correct. Today for the same issue I check with **** ** Attorney(by Telephone -I paid money for that) they also given same answer . I am just waiting for my L1b interview date in mumbai consulate .

I wish you all the best . Please donot forgot to give update on your status after your interview , it is use full for lot of people.

Thanks lot txh1b and C4us for your accurate guidance for free of cost .

[hisri]

hi usvisapan1

How did you L1b Stamping Interview went . Please share your experience with us . So that it will be helpful to most of us . me also like your case , that's the reason i am requesting you. Expecting some update from you.

[hisri]

Hi All
Is there any one have similar experience ( see bleow thread for details) as usvisapan1. If yes can you please share your experience .