Urgent - H1 void COS

[madhav_s]

Hello,

I'm working in the US on L1B visa from Feb 07 for company A.
This year (2008), I applied for H1 Visa from company B with COS from L1 to H1..
My case was picked up in the lottery and was sent to USCIS for processing.
I got my I797C form.

I decided not to work on H1 as the market situation is bad and continue on L1Since company B applied with COS, I had no option but to travel and get a new I94 on L1B.

I thought my H1 will be approved before Oct 01 2008 so that Leap frog helps but still my H1 is pending. Not sure why ?

I travelled on the pending H1 and came back on Oct 14 on L1 with new I94.

My questions are:

1) If my H1 gets approved, will USCIS send my H1 with a new I94 ?
2) Will this new I94 (in point a) be the latest I94 or will the one that I have from Oct 14 is the new I94 ?
3) Will the USCIS know that I travelled on the pending H1 ?
4) If I get a new I94 attached to H1 from the USCIS, will it be an auto change of status from L1 to H1?
5) In my current stays, can I work on L1 after I get my H1 ?

Please let me know.

[txh1b]

1. If you travelled before the H1b was approved, the COS is voided. It does not matter if they send one with I-94 or not.
2. The one you had on Oct 14 will hold good as travel voids COS.
3. Depends on if they check the I-94 before approving your petition. Sometimes they do and sometimes they don't.
4. #1.
5. Yes

Talk to your lawyer.

[madhav_s]

Yes, I travelled to my home country on pending H1.
I'm in the US on L1 and still H1 is pending.

1) I think I'm safe. Is it so ?

2) Also, L1 company plans to file for L1 extn. Can I apply for it in Jan 09 assuming my H1 is approved ?

3) Will L1 company come to know that I've an H1 also ?

[txh1b]

yes, yes, no.

[pbr]

To txh1b:

my friend got receipt number for L1-H1B Amendment with COS in premium processing. How long it may take to have H1B approval notice in premium processing? If he resigns to L1b employer having a receipt number, will it be a legal status (ofcourse he may not start work on H1 until case approved).

In worst case RFE comes what are the issues for out of status or illigal work.

[pbr]

Txh1b: Will you please respond to my question. Thanks.

[txh1b]

Refer to other similar posts. Plenty on the forum.