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L1 Petition Visa Exiring, I-94 valid Filing H1B

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  • L1 Petition Visa Exiring, I-94 valid Filing H1B

    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

  • #2
    Originally posted by L1H1confusion View Post
    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
    Your status while in US is determined through your I-94 so you are good to do a COS to H1 while being in US during I-94 validity. Though its a good practice to travel outside US, get H1 stamped and return, you are also ok to do a COS while in US as long as your I-94 is valid. The company may be asking you to go out as part of internal policy. Also, its good for you as in case of any emergency if you leave US, you will eventually have to get a stamping done in order to return so better get it done when you have the time.

    Yes, you can do a COS to H1 and the COS start date will be as per H1 petition, since your I-94 is valid till 2015, you will be on L1 till one day before the H1 start date. You should not be on L1 once your H1 starts.

    Avoid doing a leave without pay, as it will put you out of status.

    This is my opinion not legal advice.

    Comment


    • #3
      So just to confirm my understanding.
      I can legally work till 30th Sept 2013 on my L1 I-94 and from 1st Oct 2013 I will be automatically on H1 & H1's I-94 which would be valid till H1 petition date etc.

      So it looks like my company is not following COS policy and I have to convince them

      I agree on going to India and getting stamped..

      Thanks for help

      Comment


      • #4
        One more doubt

        In additiona to below. One more doubt.

        If my employer files H1 for me using consular approach. Where I asssume I will not get new I-94 and have to goto India and get it stamped to start working on H1.
        May I work on my L1'S I-94 (Which is valid till 2015) till I goto india say for example Nov 2013 ?


        Again thanks for the help
        Regards
        Nilesh

        Comment


        • #5
          Originally posted by L1H1confusion View Post
          In additiona to below. One more doubt.

          If my employer files H1 for me using consular approach. Where I asssume I will not get new I-94 and have to goto India and get it stamped to start working on H1.
          May I work on my L1'S I-94 (Which is valid till 2015) till I goto india say for example Nov 2013 ?


          Again thanks for the help
          Regards
          Nilesh
          Yes you can as long as you dont have to leave US in this time period.

          This is my opinion not legal advice.

          Comment

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