H1 to L1

[vidukarth]

Hi
I was on L1 last year through one company. But I had applied for my H1B last year and it got approved and my status changed to H1B from 1-Oct-2008. But since I was pregnant and delivered in november, I could not join back to work on the new H1B. But now, seeing the market condition it looks very dull. Hence, I have a query if I can change my status back to L1 now by filing a change of status. Is that legal to be done? If I do a change of status from H1 back to L1 what will happen to my H1 Petition? Can I again do a change of status from L1 to H1 if the market becomes better? Will these have any effect when I go back to India for visa stamping?

If I can change from L1 to H1 without losing the H1 petition, how should I do it, what is the procedure. Also, please let me know how much cost would be incurred for filing this change of status.

Thanks

[itzprams]

Your status was changed from L1-H1 on Oct. 1st 2008.
Since then you did not work on H1 so right now you are out of status.

Secondly, on insurance plan of L1 employer, you might have received various insurance benefits for maternity. As you are now H1 employee, it is illegal to get paid/take insurance benefits from L1 employer.

See a good lawyer immediately.

[orion]

Change of status will be denied since you have been out of status (not working on H1).

[vidukarth]

thanks for the response. I had submitted my leave letter until end of february 2009 to my H1 employer on october 15. I did not avail any maternity benefits nor use my L1 employers's insurance. But I got paid for the month of october from my L1 employer. Also, I heard that we have some grace period between 30-60 days when we switch jobs like this. Is that true? Since I have given the letter till end of february 2009, will that still make me out of status?
Please suggest

[itzprams]

But I got paid for the month of october from my L1 employer.

If on Oct 15 you applied for a leave to H1 employer then how come you worked and got paid from L1 employer for Oct. That was illegal.

There is no grace period after COS. You are H1b employee from Oct 1st and must not accept payment from L1 employer.

Since I have given the letter till end of february 2009, will that still make me out of status?

Well, you are trying to do H1-L1-H1, takes 2-4 months for each COS. Better you consult an attorney. You cannot do these COS by your own without H1,
L1 employer's consent.