H1 revoke and its impact.

[freemail]

Hello,

I'm on L1B visa for company "A". I applied for H1B visa through company "B" this year (2008) and got selected in lottery. I still did not get the approval and it's pending.
I want to retain my L1B even after Oct 01. I know "leap frog" is the only option left for me to save the L1B visa. My L1B is valid till Aug 09.

I'm planning to go out to India on Sept 10 and will come back on Oct 24. I've not informed employer B about this plan.

I have following questions;

1) Suppose, I get the approval by 2nd week of August and then I inform my employer B about my plans to "leap frog" and he plans to revoke my H1, then how many days will the USCIS take to revoke my H1 ?

2) Suppose USCIS revokes it before Oct 01, say Sept 05, will I be able to "leap frog" and stay on my valid L1B after Oct 01 ?

3) Suppose USCIS revokes it after I travel to India, say Sept 26, will I still be able to come back on L1B visa ?

4) Suppose if USCIS revokes if after I come back on Oct 24, can I still enter with my L1B visa ?

5) Normally, how long does USCIS take to revoke H1B ?

Please let me know the answers to the questions. I really appreciate it.

Thanks.

[txh1b]

1. Unpredictable and immaterial
2. Yes. H1b and L1 petitions are not linked.
3. Yes
4. Yes
5. Immaterial

[freemail]

Thanks, TxH1B.
Sorry that I missed to mention that employer B applied H1Bwitk COS. This means if I'm in the US my status will automatically change from L1 to H1 on Oct 01.

Does your reply change after I've mentioned this ?

[freemail]

TxH1B, could you answer ?
Thanks.

[txh1b]

Nothing changes if you do leapfrog after approval. Also, if you travel before the approval and enter again on L1, it voids the COS and the petition gets processed as CP.

If employer B revokes/withdraws H1b before it gets approved, you have to start all over again for a H1b from the lottery next year as that loteery number does not belong to you until the H1b is approved.

[freemail]

Okay ! Thanks, TxH1B.
So you mean to say I'm safe with my L1 till Sept 30 irrespective the employer B is planning to revoke my H1B or not, correct ? Sorry if I'm bugging you. These visa related issues are pretty complicated.

As it is, I'm planning to do leap frog.

Thanks.

[txh1b]

Okay ! Thanks, TxH1B.
So you mean to say I'm safe with my L1 till Sept 30 irrespective the employer B is planning to revoke my H1B or not, correct ? .

Yes

[freemail]

Thanks, TxH1b.
After I come back to the US on my L1B, what are the documents that I require to show the office at POE ?

Will I be questioned about H1B ?

Can it create problems with my current L1B employer ?

[txh1b]

You are going back to square one. These have been answered and discussed. No point in going over it again. No problems whatsoever in any matters other than the amendment that has to be refiled to work on H1b.

[freemail]

Yes, I do see some of these questions answered. Sorry if my questions are troubling you.
Nice to know that my current L1B employer will not create any problems in future

Yes, I have two options to start working on my H1B:

a) File an amendment and with COS (either regular or premium)
b) Go again to India, get the H1B stamped, resign from the L1 company and come back with H1B

I would like to know the answer to the following question though:

c) If L1B company files for an extension on March 2009, will this approved H1 create any problems for me ?

Thanks a lot for your help.

[gkr]

L1 to H1 Problem

Hi,

I have the same kind of problem, my new employer said that i have to start working on H1 from 1st Oct. I don't know whether he applied my H1 with COS or not.

I can't leave my current L1 employer by that time coz of few comitments & limited notice period.

What options do i have? do i have to go back to my home country and come back during 1st Oct period(in this case i will definitely get a new I-94)?

After that can i use H1 starting from Feb/Mar 09?

Could anybody tell me what is leap frog(i'm new to this forum) and is it applicable in my case. If yes then how to start with.

Thank you very much for all your help.

[txh1b]

Find out youself. The forum has a search function. It isn't complicated.

[gkr]

thank you very much txh1b

[RMH1B]

c) If L1B company files for an extension on March 2009, will this approved H1 create any problems for me ?

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NO