On L1 but Got H1 in USA itself with New I94

[rohits]

Hi,
I work with X company on L1 and also applied for H1 with Y Company. I also got my new i94 form new employer valid frmo Oct 1st.

In between My L1 visa got expired and I filed for Extn. for L1 visa in August and got another I94 in Oct. end. So as I am still on L1 and H1 I94 is overridden by New L1 I94.

Now I need to go to India for vacation and as market is not good. So I want to be on L1 only. and If I go to India, I have to go for L1 visa stamping.

So In this case when I want to be on L1 and I also have H1 .What could happen while going for L1 visa in New delhi Immigration Office?

Please help..

Thanks

[txh1b]

Nothing will happen. You are free to choose the L1 status and go for stamping. Having H1b is immaterial.

[rohits]

One more question on this

Hi,
One more question on this thread. After getting the L1 visa , Does my H1 is still valid and can I change my status after coming to USA? As I feel if market comes back in Apr-May, I will search and get a job on H1....

Thanks
Rohit

[MN7]

H1 COS while on L1 in USA

True - you should be able to do so. It is called a Change Of Status; and your H1 employer or attorney should file an Amended I 129 form with the USCIS with your L1 Approved Petition, Current Residential Address (in the USA) and some other details.
USCIS will then look into the case and get back with a response in a few weeks time. There is an option to expedite the response by going in for a Premium Processing - my employer charged me $1000 for this and the results were very quick - I got a decision within 3 weeks.
But please note - the date that USCIS provides as the Start Date on the Approved H1 COS (the I 797 Notice of Action; not I 797C) is when your H1 status becomes active. After that date if you work for the L1 employer you are doing so "illegally"; if the length of such activity is above 180 days, it will cause issues during Green Card Processing or some other options at a later date.

NOTE: I am not a lawyer; all the info provided is based either on my personal experience or based on what information I gathered from this and other similar forums.

[txh1b]

After that date if you work for the L1 employer you are doing so "illegally"; if the length of such activity is above 180 days, it will cause issues during Green Card Processing or some other options at a later date.
.

No, illegal work for a single day will have bad repercussions. There is no 180 day grace period like you mention here.

[MN7]

Confused 'all over'

Thanks again txh1b. I did not intend to suggest there was a 180 day grace period; but, I see how it would mean that way. Probably, I should state the repurcussions willl be bad AND it will super-bad if one exceeds the 180 day (with context of the 245k, when proceessing for GC). If this too is incorrect, please correct me.

[txh1b]

If you are working illegally and get caught, it does not matter how many days you worked, you will be placed under expedited removal proceedings or deportation. 245k comes into picture only during adjustment of status, not all the time.

Furthermore, one should not count on that being available and accumulate illegal presence. It would be foolish. No thief is one until they get caught. That doesn't give one a right to steal/rob.

[MN7]

So true. But it is just not possible to quit the L1 'under the assumption' that H1 COS will be approved. Lets say the candidate files for H1 COS on Mar '09 and under PP approval is obtained in Apr 09; one can not quit the L1 employer in Apr '09 - since the L1 employer will have a contract or understanding that the candidate will have to fulfill. And one can not disclose H1 COS to the L1 employer prior to Approval since there is a good chance the L1 employer will choose to depute the candidate back home - in which case the H1 COS becomes useless, right?
So what aid does the Immirgation Law provide to candidates that undergo this situation - choosing to leave L1 and begin H1 but a few days after H1 COS is Approved. No one is trying to steal, at least not intentionally. When the H1 Employer's Attorney gives in writing it is okay to work under L1 until they get a project, is it the candidate's act of continuing in L1 stealing or is it the H1 Employer & his Attorney that are committing fraud? Who 'really' is the theif and who is the victim?