L1 Extension & H1 got approved

[thanu978]

Hi
I was in L1B and as the visa & I94 got expired L1B's employer applied extension for me.As it was in processing Company B applied H1 for me with COS.

My L1B extension got approved with new I94 & working for the previous emloyer.(But didnt go to India for stamping as im in continuing in US)
Now my H1 got approved with I94 number same as that my L1b extension I94, with changes in the validity period & other details.

If i wish to continue with my old employer is there any way? Is it possible for me to go to India for Stamping for L1B.

Please anyone help.

[kabkaba]

Since H1 was approved after L1, your current status is H1. Any employment with L1 employer is illegal. You must leave the US immediately. You can return with L1 Visa and work for L1 employer.

[thanu978]

Thankyou for your answer. As i mentioned i was here with L1 extension approval and now my H1 approval. So is that possible for me to go to India for L1 stamping and come back or are you mentioning about geting a new L1B visa.

[kabkaba]

You need to leave the US, obtain L1 Visa based on the extended petition and then return. If the L1 Visa in your passport is valid, all you need to do is leave the US and return with new petition approval notice.

[shervin143]

If you want to continue to work for the L1 employer, then you should leave the country and return back in L1 visa and a valid L1 petition. If you don't have a valid L1 visa stamped in your passport as of the date of your return, then you should get one stamped at the U.S consulate. You should do this asap since your current status is H1B and your employment with the L1 employer is pure illegal. If you return back in L1 visa, the your status will change to L1 and you will be able to work for the L1 employer. Search and read about the last action rule.

[puneet1030]

From L1 to H1B status

Currently i am in US on L1 visa and valid till May 2013. Same company is applying for H1B this year. My doubt is if i got H1B approval then do i need to go back to India before Oct 2012 for stamping or i can go anytime before my valid Visa and I-94 status which is May 2013.

Please help to get the answer of my doubt. Thank a lot for the help!!!.

[shervin143]

It depends on how your employer is filing the H1B. If the H1B is filed as a COS from L1 and if the H1B approval comes with a new I-94 attached, then you can start working in H1B status as of the H1B effective date. No need to get the H1B visa stamped just to start working. Visa is only an entry document to U.S. You need to get the H1B visa stamped only if you want to enter U.S in H1B status.

However, if the H1B gets approved for consular process (without a new I-94), then you need to get the H1B visa stamped and return back in H1B visa to work in H1B status. Until you deceide to do that, you can continue to work in L1 status (May 2013).

If this your first time H1B stamping, then you need to get it stamped in your home country.

Currently i am in US on L1 visa and valid till May 2013. Same company is applying for H1B this year. My doubt is if i got H1B approval then do i need to go back to India before Oct 2012 for stamping or i can go anytime before my valid Visa and I-94 status which is May 2013.

Please help to get the answer of my doubt. Thank a lot for the help!!!.

[puneet1030]

Thanks a lot Servin.

Just to reconfirm, that means in both cases(cos & cp) i do not have to go back to India before Oct 2012 for H1 Stamping. Please correct me i am wrong here.

Puneet

[shervin143]

That is correct. Since your L1 and H1B employer are the same and the L1 I-94 is valid beyond Oct 1st, there is no need to go for the stamping. If the H1B gets approved for CP, then you will continue to be in L1 status until L1 I-94 expiry date.

Thanks a lot Servin.

Just to reconfirm, that means in both cases(cos & cp) i do not have to go back to India before Oct 2012 for H1 Stamping. Please correct me i am wrong here.

Puneet