L1 to H1 visa

[smartquestion1]

Hi I am in US working with company A on L1 visa, now company B wants to file my H1. I can work with company B from 1st oct as per H1 rule. Now if H1 filed by company B gets approved then I have to start with Company B from 1st Oct or I can continue work with employer A on L1 visa for 3 to 4 months post which I can join Company A on H1 visa in Dec or Jan

[shervin143]

It depends on whether the H1B is filed as a COS from L1 or for consular process. If it is filed as a COS from L1, then H1B approval will come with a new I-94. You should be working for the H1B employer as of the H1B effective date. Any employment with the L1 employer post the H1B effective date is illegal. If you want to continue to work for L1 employer post the H1B effective date, the leave the country and return back in L1 visa. This is called leap frog and it should be done after the H1B effective date.

If the H1B gets approved for consular process (no new I-94), the you cannot work for the H1B sponsor until you leave the country and return back in h1B visa.

[smartquestion1]

Thanks, I will find out how the h1b is getting filled, but right now I am asked to fill for I-539 does that helps in determining whether its COS to L1 or consular process?

[shervin143]

I-539 is for your dependents. If you file H4 for your dependents as a COS from L2 to H4, it doesn't mean that your H1B is also been filed that way by your employer. Check with your employer and that is the only option.

Thanks, I will find out how the h1b is getting filled, but right now I am asked to fill for I-539 does that helps in determining whether its COS to L1 or consular process?

[smartquestion1]

I got the answer as H1 will be filled with request for I94 as well. Also for joining date on offer later is 1st oct as of now. But I have beed told by employer that you can join later as well. is that legal?

[goomail]

Well, if your H1 is approved as COS and came with a new I94, you MUST join the H1 employer on the start date in the approval notice.

[Paul07]

Dependency Visa status for change of L1 to H1

Hi Everyone

I am on L1B and filed for H1B with COS and waiting for approval. I will be going to India once COS is approved but before Oct, I assume my COS start date would be 1st Oct. But if my wife is going to apply for a dependent Visa before Oct , will she get a L2 or H4? My company for whom I am currently working on L1 would apply for her L2 ,so would they come to know about my H1B which is already approved?

Please advice

Thanks
Pauly

[shervin143]

If you leave U.S before Oct 1st, then you need to return the I-94 that comes with the H1B approval. You should return back only after Oct 1st. Otherwise you will end up in status confusion. If you are planning to return back in L1 visa, then your spouse should appear for L2. If you are planning to return back in H1B, then your spouse should appear for H4. Not advisable to return back before Oct 1st in L1.

Hi Everyone

I am on L1B and filed for H1B with COS and waiting for approval. I will be going to India once COS is approved but before Oct, I assume my COS start date would be 1st Oct. But if my wife is going to apply for a dependent Visa before Oct , will she get a L2 or H4? My company for whom I am currently working on L1 would apply for her L2 ,so would they come to know about my H1B which is already approved?

Please advice

Thanks
Pauly

[venkatasr]

help required on L1B to H1B Processing

I am in US working with company A on L1 visa, I have approved H1B petition from Employer B.
Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on this L1B.
Now I got New project at Client C through My employer A who sponsored my H1B, is it possible to work to Client C by applying COS or need to fly back to US and get it stamped.

I heard the news saying that there are some changing in applying amendment on COS and have to go to INDIA and get it stamped.
Or else we have to apply for new H1B Premium petition with COS.

Could you please advise me on the same and how can I proceed.

[venkatasr]

L1 to H1 Visa Process - Help

I am in US working with company A on L1 visa, I have approved H1B petition from Employer B.
Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on this L1B.
Now I got New project at Client C through My employer A who sponsored my H1B, is it possible to work to Client C by applying COS or need to fly back to US and get it stamped.

I heard the news saying that there are some changing in applying amendment on COS and have to go to INDIA and get it stamped.
Or else we have to apply for new H1B Premium petition with COS.

Could you please advise me on the same and how can I proceed.

[raghvi]

I am in US working with company A on L1 visa, I have approved H1B petition from Employer B.
Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on this L1B.
Now I got New project at Client C through My employer A who sponsored my H1B, is it possible to work to Client C by applying COS or need to fly back to US and get it stamped.

I heard the news saying that there are some changing in applying amendment on COS and have to go to INDIA and get it stamped.
Or else we have to apply for new H1B Premium petition with COS.

Could you please advise me on the same and how can I proceed.

Your post is unclear. Did both A and B apply for H1 for you? Also dates of H1 application their approval dates, L1 visa date and I94 date would help.

This is my opinion not legal advice.