L1 to H1 COS, no reply from USCIS

[asan2909]

I was working for a company A on L1. I also had a H1b approval(I797 B) with out I94 from another company B. Company B applied for H1 COS on 10/13/10 with premium processing. Since the COS was applied, I left company A and joined another comp through company B. The problem begins here, its been 3 weeks and the uscis have not responded to the documents sent by company B. Also I am working without the payroll since I don't have the H1 status.

Q1. Am I legal to stay in US while the COS is getting processed and what would be my status?
Q2. Is it normal that uscis doesn't even acknowledge recieving the COS for more than 3 weeks?
Q3. If not what should be my next action?

[shervin143]

Q1. Am I legal to stay in US while the COS is getting processed and what would be my status?
>>> No. You are currently out of status on L1. You cannot work for the H1B employer until your status changes from L1 to H1B (meaning, H1B gets approved with a new I-94). Your employment with the H1B employer now is considered illegal.

Q2. Is it normal that uscis doesn't even acknowledge recieving the COS for more than 3 weeks?
>>> Usually, it takes 1-2 weeks to get the receipt notice. In rare cases it takes more time.

Q3. If not what should be my next action?
>>> Leave the country immediately, get the H1B stamped and return back on H1B visa (or) continue working for the L1 empoyer until the COS gets approved.

[asan2909]

thanks much for the reply.

Is there a way we can contact USCIS and cheack what the delay is?

And regarding leavig the country, when the h1 approval was got, i was supposed to get the stamping from Chennai, India. Is it possible to change it now and get the stamping in tijuana mexico?

Thanks in advance.

[Deepak_R]

I was also in same situation, recently. COS was applied with copy of 797 (Notice of Action, not Notice of approval) and USCIS sent back the packet saying they couldn't proceed with "Notice of Action". My attorney sent the packet again with "Notice of Approval" and got USCIS recpt # within 2 days and approval on 14th day(PP).