L1->h1->l1

[ugsarvaiye]

I am talking about something different than 'LeapFrog' after reading lot many posts on this forum.

Till now I am working on L1 visa in new york, and today I got to know that my H1B approved with COS. Unfortunately I was not aware of this that my new employer applied for COS.
Now as I have stable project on L1, I want to continue with this. I know if I would have been knowing this in Sept, then LeapFrog could have been done.

But now
- do I have any option to go back on L1 and keep working?
- as my current stay is unlawful, if I go back in next 15/20 days back to my homeland and come back without H1 stamping, will I be able to go back on L1?
- is this time frame of 15/20 days 'ok' to go back?
- Is there any other way out for me?

pls help!!!!!

[txh1b]

Leaving and returning on L1 might be an option. But the unlawful work does not get erased and has to be declared in the future during visa processing.

[SurajJ]

Is it the same as LeapFrog? Can this person just go to Canada and come back to go back on L1?

[ugsarvaiye]

Ohhhh! I got a scary thought!
If I leave US ...go to Canada, and try coming back,

will immigration ask me to have H1 stamped mandatory? Or
will they allow me smoothly on L1 to come in?

I got scared with the thought that they making it mandatory to have H1 on my passport, as if it happens I neither be having base in Canada nor be able to come in US...and will have to go back to India(home country) immediately...that to without my baggage!!!!!!

[txh1b]

Not because H1b stamp is mandatory but if they come to know of status violation, you could be denied entry. Once you have violated the status, nothing is smooth.

Canada does not give new I-94 for travel and return which thereby does not change your status.



It is the applicant’s responsibility to make sure the transportation carriers collect the applicant’s departure portion of the CBP Form I-94. If an applicant departs the United States by way of land through Canada or Mexico, it is the applicant’s responsibility to return the departure portion of the CBP Form I-94 to Canadian or Mexican Immigration Officer upon departing the United States, unless it is retained for automatic revalidation upon re-entry to the United States within 30 days of departure to contiguous territory for all nonimmigrants (or additionally, adjacent islands for F, J, and M nonimmigrants) (see 8 CFR 214.1 and 22 CFR 41.112 for complete information on automatic revalidation).

[ugsarvaiye]

Thanks a lot for your explanation with necessary reference

hmm...so it seems that the safer option would be going back to India(home country) and coming back on L1..

1. If I do so, will I be able to use my approved H1 in future?
2. what docs will i need to keep with me to use H1 in future?
3. Is there any timeframe to get the approved H1 stamped?
4. While coming back from india, if I get H1 stamped will I still be able to enter US on L1?

[txh1b]

1. Yes
2. Approval notice and employer docs.
3. No. As long as I797 is valid.
4. Your L1 visa would likely be canceled when you go for H1b stamping as both are work visas.