L1 to H1 approved consular instead of COS, but dependants COS got approved.

[Nansi]

I have working for company A on L1, I-94 valid till mid of 2014, and company B sponsored H1B with COS, but its approved consular process and petition valid till Nov 2013 even complete presence in US and never been out of status. Company B is asking me to go back to india for stamping and resign from L1 employer.? they also told me i am not legally continue with L1 employer anymore, my dependents status also changed to H4.

1. Can I try company C for COS with Company B approved petition? can i go for premium processing?

2. Can I continue work for L1 employer? if i work is that illegal?

3. What will happen to dependents H4 approvals?

4. Is there a possibility of converting approved consular H1 petition to COS?

5. Can i go with company C for new H1b with this approved petition?

6. what is the best i can do to utilize the approved H1B?


my dependents H4 got approved… totally confusing why they did not approve mine but approved my Dependants.

[raghvi]

I have working for company A on L1, I-94 valid till mid of 2014, and company B sponsored H1B with COS, but its approved consular process and petition valid till Nov 2013 even complete presence in US and never been out of status. Company B is asking me to go back to india for stamping and resign from L1 employer.? they also told me i am not legally continue with L1 employer anymore, my dependents status also changed to H4.

1. Can I try company C for COS with Company B approved petition? can i go for premium processing?

2. Can I continue work for L1 employer? if i work is that illegal?

3. What will happen to dependents H4 approvals?

4. Is there a possibility of converting approved consular H1 petition to COS?

5. Can i go with company C for new H1b with this approved petition?

6. what is the best i can do to utilize the approved H1B?


my dependents H4 got approved… totally confusing why they did not approve mine but approved my Dependants.

It indeed is strange. Are you sure your H1 was approved with Consular Processing wheras H4 were approved as COS? It would mean you didnt receive I-94 with the approved petition wheras your dependents received I-94. I would strongly suggest that you see the approval notice on your own and have an independent lawyer have a look at it. Has the employer B shared the I-129 petition docs, approval notice, new I-94s with you? As the employer B might just be making sure you dont ditch them at the last moment and get the H1 transferred to C.

Technically if you are not on H1 your dependents cant get onto H4, and if your H1 petition was approved as Consular Processing you will get onto H1 only after getting H1 stamped abroad.

And further, if your H1 was not approved as COS and you didnt get new I-94 you are still in L1 status and technically your dependents are in L2 status too.

Have the situation reviewed by your own lawyer rather than trusting the employer's representatives.

This is my opinion not legal advice.

[Nansi]

Yes indeed its very strange.

my approval copy does not have I-94 and stated notified to consulate.

my dependent H4 got approved and they got i-94 attached with the approval notice.

I have seen all the documents that submitted by the consultant. Verified.

Is there any chance that i can utilize the approved petition without going for stamping???

Any suggestions?

[l1btoh1b]

So you received i797b and H4 dependent received i797a?

[Nansi]

So you received i797b and H4 dependent received i797a?

yes i received i797b and dependent received i797a.

I can see this perfectly on the top of the approvals.

[lakshmiram110985]

Hi Nansi, I am also in the same situation. How was this resolved??