L1 to New H1 visa

[Nbpd]

HI ,

Here is my problem and am looking for a best opinion for my situation.
* Am on L1 working for my firm X , and my visa expires this week.
* Mean while i have applied for a New H1 petition through firm Y.
The petition was applied via CP method while the visa was filed,i was in india while my petition was filed.
later i came back to US.
* Now my H1 petition got approved without the I94 in it.i was told that i need a stamping going back to india.

as my L1 expires shortly i cant go to india for stamping now.i prefer not to resign my current job now.
please give me some idea to make this transfer happen smoothly.

can a amendment be filed for changing it to COS?, and how can i get the H1 active without going back to india?

[raghvi]

HI ,

Here is my problem and am looking for a best opinion for my situation.
* Am on L1 working for my firm X , and my visa expires this week.
* Mean while i have applied for a New H1 petition through firm Y.
The petition was applied via CP method while the visa was filed,i was in india while my petition was filed.
later i came back to US.
* Now my H1 petition got approved without the I94 in it.i was told that i need a stamping going back to india.

as my L1 expires shortly i cant go to india for stamping now.i prefer not to resign my current job now.
please give me some idea to make this transfer happen smoothly.

can a amendment be filed for changing it to COS?, and how can i get the H1 active without going back to india?

When is your L1 I-94 expiring? You can legally work with L1 employer til L1-I-94 expiry

Have you done Masters in US or have had a previous H1 stamping? if Yes, then you cna go to neighbouring country for H1 stamping.

If your I-94 is expirign so, and you havent doen master;s in US and dont have a previous H1 it would be best to go to India to get your H1 stamping done and return to work on H1 for H1 employer.

If you resign you will go out of status as your H1 is not yet activated and as you will no longer be on the paryroll of L1 so you dont have a work status.

The only other way would be to get H1B amended from CP to COS which generally companies dont prefer to do as its a costly affair especially when doen through premium and there is chances of denial. As you dont have much time left they would advise you to go to India to get h1 stamping done..

This is my opinion not legal advice.

[Nbpd]

hi ,

Thanks for the reply.i have one more question.
My L1 expires my April.i would like to continue in my L1 till March 2013 in US.
and planning to go india and get the H1 stamping in March.

my H1 is valid till Dec 2013.

my Q is will there be any issue in getting the stamping in march 2013?
i wanted to know will there be any chance of rejection? inspite of my H1 valid till dec 2013.

need some opinion on this.

[raghvi]

hi ,

Thanks for the reply.i have one more question.
My L1 expires my April.i would like to continue in my L1 till March 2013 in US.
and planning to go india and get the H1 stamping in March.

my H1 is valid till Dec 2013.

my Q is will there be any issue in getting the stamping in march 2013?
i wanted to know will there be any chance of rejection? inspite of my H1 valid till dec 2013.

need some opinion on this.

I cant understand what you mean when you say your H1 is valid. Anyways, I dont foresee any problem in you going for H1 stamping in March 2013. If your L1 in passport is valid till Dec 2013, even if your H1 is rejected, you can come back on L1.

This is my opinion not legal advice.

[Nbpd]

Thanks. and sorry to confuse you,

i meant to say that.

1.My L1 visa has expired already and my I- 94 is valid till April 2013.
2.my H1 petition was approved on sep 2012 till Dec 2013, for which i need to go for a stamping in India.

if i go to india by march 2013 for stamping i can travel back only if my H1 gets stamped.

so i need your opinion , will there be any issue for my H1 stamping.

[raghvi]

Thanks. and sorry to confuse you,

i meant to say that.

1.My L1 visa has expired already and my I- 94 is valid till April 2013.
2.my H1 petition was approved on sep 2012 till Dec 2013, for which i need to go for a stamping in India.

if i go to india by march 2013 for stamping i can travel back only if my H1 gets stamped.

so i need your opinion , will there be any issue for my H1 stamping.

What kind of issues are you foreseeing?

H1 and L1 are separate petitions, I dont see any relation. As long as your employment is genuine and paperwork in place there should not be any issues getting H1. Also, if your H1 is approved, you will get 6 Years minus the time already spent on L1. Also, since the petition is till Dec 2013 you may get H1 till that Dec 2013 depending upon the officer.

This is my opinion not legal advice.

[L1H1confusion]

L1 Petition Visa Exiring, I-94 valid

Hi Experts,

Situation : L1 Petition & Visa expiring 5 Sept 2012. I-94 valid till Jan 2015.
My current company X filing H1 next year which if approved will be effective from 1st Oct 2013. (Not filing for L1 extension)
It is asking me that I have to leave by 5th Sept (even though I have I-94 valid) and come back with Stamping ( May be consular approach)

New company Y is also ready to file H1B for me.

Q1 : Is it must that I have to leave by 5th Sept. Is there any approach avoid going out? Its just mere 25 days.
Q2 : Can I try COS approach with ( X or Y ) and work through Oct 2013 on basis of I-94 (L1 extension not filed)?
Q3 : Based on threads, I know by now that I can work, but my company says I can not. So going on leave without pay for 25 days a option as a tie breaker?

Thanks in anticipation

[Nbpd]

H1 Visa extension possibilities.

Here is my problem and am looking for a best opinion for my situation.
* Am on L1 working for my firm X , and my visa has already expired.
my employer has filled extension and it went to RFE, i am working on the RFE documents.
* Mean while i have a approved New H1 petition through firm Y , which does not have a I94 with it.
(petition got approved on sep 2012 till Dec 2013).

* due to my personal reasons i did not switch company and still working in L1.
it will take about 2 to 3 months to know the extension results of L1.

My questions is

1.can a extension be filled for the H1? which is not in use yet.
2.i may not go india without knowing the L1 results, which will leave just 2 months left in H1 petition.

need your opinion on this.