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  • Issue with COS

    Hi,

    I'm currently working with Employer A on L1. Since my L1 is expired my employer has applied for extention with COS.It got approved with new date on I-94. Also my H1 filed by employer B is approved with COS couple of weeks before L1 COS.I'm still with L1 employer. Any idea what would be my latest COS and can I start working on H1?

  • #2
    I'm currently working with Employer A on L1. Since my L1 is expired my employer has applied for extention with COS. It got approved with new date on I-94.
    >>> What do you mean by extension with COS. It should either be an L1 extension or a COS to some other status. What did your employer file? L1 extension or a COS to H1B?

    Also my H1 filed by employer B is approved with COS couple of weeks before L1 COS.I'm still with L1 employer. Any idea what would be my latest COS and can I start working on H1?
    >>> Your status would be as per the last I-94 that becomes active. If you got the L1 extension after the H1B approval and L1 I-94 is effective after the H1B I-94, then you are in L1. This is why it is not advisable to file multiple petitions at the same time. If you want to work for H1B employer, you have to leave the country and return back in H1B visa or file another COS from L1 to H1B (and it should get approved before you can start working for the H1B sponsor).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin for the response.
      Since my L1B was expired,my Employer A had filed for extension with COS to L1A.
      In order to work for H1,do you know if I have any cut-off date before which I need to leave the country and get my VISA stamped on H1 if I decided to work on H1.?My H1 I-94 is valid till 2014.

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      • #4
        Since my L1B was expired,my Employer A had filed for extension with COS to L1A.
        >>> Technically I don't know if L1B to L1A is a COS. Your status remain to be L1 irrespective of whether the L1A petition gets approved or not.

        In order to work for H1,do you know if I have any cut-off date before which I need to leave the country and get my VISA stamped on H1 if I decided to work on H1.?My H1 I-94 is valid till 2014.
        >>> Forget about that I-94. That is of no use as you are currently in L1 status. When you leave the country, you have to return all your I-94s. You can get the H1B visa stamped anytime as long as the H1B petition remains valid. If you get the visa stamped, then you can re-enter in H1B Visa and H1B petition and start woring in H1B status.
        Not a legal advice. Use of this information is strictly at your own risk.

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