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Urgent!Can L1-H1 COS be withdrawn?Please help.

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  • Urgent!Can L1-H1 COS be withdrawn?Please help.

    Hi,
    I am currently in US on L1B visa with company A. The visa is valid till Nov 1 2008.

    I applied for H1B visa for the year 2009 with company B and it was approved. Without my knowledge, they also applied for a Change of Status(COS) and now I am told that starting Oct 1st, my L1B visa would be invalid and I would have to work for Company B with the H1B visa.

    My problem is:

    I have a prior 4 months offshore(India) commitment with company A and want to honour it. I would like to stay in US till Nov 1 2008 on my L1B visa itself & then go back to India, get my H1B stamped and return after 4 months.

    My questions are:

    (1)Can I ask my employer(company B) to withdraw the COS and tell them that I have to go back to India & will get my H1B visa stamped from there when i return?

    (2) Will this withdrawal of COS affect my H1B visa approval in any way when i go for the stamping in India?

    Kindly reply back. This is urgent! I have to let my employer know at the earliest. Thanks in advance!!

  • #2
    1. Withdrawal of H1b does NOT put you back on your old status but makes you out of status and illegal. Leapfrog is the only solution.
    2. Yes because you will neither be on H1 or L1 but become illegal.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Is it true that to save his L1B and to further work on L1B after Oct 01, "Leap Frog" is the only option left.

      This will have him out of status of H1. In this case, it will be better to go back to India, het H1B stamped and come back to US on H1B and start work with the new employer.

      Am I correct ?

      Comment


      • #4
        Originally posted by sabiya
        This will have him out of status of H1.
        This is the wrong term to use. H1b will be inactive and to get back on H1b, either a visa stamp + travel or another amendment needs to be filed by the employer.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thanks txh1b...Appreciate your reply!

          Comment

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