l1 to h1 cos ,out of status,help...

[caillou]

I have come to USA on L1b visa through employer "x" in august 2009,and i got the H1b approved in September 27,2010 through employer "y". but i have not started working on H1b as the H 1b employer doesnt have projects to start on. im still working on L1b visa and what are the consequences if i continue to work on L1b visa ?

shall i go back to india and go for H1b stamping and come back to usa? OR shall i go back now to india and come back again on L1b visa extension or fresh H1b? PLEASE ADVICE???

[kabkaba]

IF your H1 was approved as change of status with an I-94 at the bottom of the approval notice, your status is H1. Any employment with the previous employer is illegal and can cause problems.
You must leave the US asap.
Whether you want to return in H1 or L1 status depends on which employer you want to work for. Depending on your choice you can apply for the corresponding Visa.

If H1 was approved without COS (without I-94) then your current status is L1 and you can continue to maintain that status by working for your L1 employer. You can work for H1 employer only after change of status to H1.

[caillou]

Hi,

Thanks. My H1b was approved with attached I-94 (change of status). can i go back to India now and go for stamping for the H1b visa. Will the visa officer asks for any pay stubs from the H1b employer?

Thanks,

[kabkaba]

You must leave the US asap.
Whether you want to return in H1 or L1 status depends on which employer you want to work for. Depending on your choice you can apply for the corresponding Visa.
Visa officer may ask for paystubs. Consult an attorney over this matter of illegal employment.