L1 to H1B COS

[Jay]

Currently I have an L1 visa from "Company A" that expires on 3-Sep-2013 and I94 that expires in Nov 2014.
"Company B" has filed H1B petition for me as "Change of Status" for premium processing. I should get to know the outcome of petition before end of Apr 2013.

With this background I have following couple of questions:

1. If I get the H1B approval by end of Apr-2013 will my L1 cease to exist and will I need to move back to India from Apr-2013 to Oct-2013 or will I be able to continue to work for "Company A" till Oct-2013?
2. If I can continue to work for "Company A", what status do I go into after 3-Sep-2013 (date my L1 expires)? Will I become ineligible to work for "Company A" from 3-Sep-2013 to 1-Oct-2013?

Thanks

J

[raghvi]

Currently I have an L1 visa from "Company A" that expires on 3-Sep-2013 and I94 that expires in Nov 2014.
"Company B" has filed H1B petition for me as "Change of Status" for premium processing. I should get to know the outcome of petition before end of Apr 2013.

With this background I have following couple of questions:

1. If I get the H1B approval by end of Apr-2013 will my L1 cease to exist and will I need to move back to India from Apr-2013 to Oct-2013 or will I be able to continue to work for "Company A" till Oct-2013?
2. If I can continue to work for "Company A", what status do I go into after 3-Sep-2013 (date my L1 expires)? Will I become ineligible to work for "Company A" from 3-Sep-2013 to 1-Oct-2013?

Thanks

J

1. No need. Fresh H1 start date can only be 01-Oct-2013 or later. Assuming your L1 to H1 was applied as COS, as you have valid I94 till Nov 2014 you can continue to work on your L1 till 30-Sep-2013 or till H1 start date whichever is later. If your H1 start date is 01-Oct-2013 then from that date you should work only with H1 employer and get paid as per LCA.
2. Your status in US is determined by I-94 so you continue to be on L1 till H1 start date. Provided of course if you haven't completed 5 years on L1.

This is my opinion not legal advice.

[Jay]

1. No need. Fresh H1 start date can only be 01-Oct-2013 or later. Assuming your L1 to H1 was applied as COS, as you have valid I94 till Nov 2014 you can continue to work on your L1 till 30-Sep-2013 or till H1 start date whichever is later. If your H1 start date is 01-Oct-2013 then from that date you should work only with H1 employer and get paid as per LCA.
2. Your status in US is determined by I-94 so you continue to be on L1 till H1 start date. Provided of course if you haven't completed 5 years on L1.

This is my opinion not legal advice.

Thanks Raghvi. Appreciate your quick response.

regards,
J

[abhishek86]

L1 to H1 COS filled. Have to travel back.

Hi guys,

I am currently in US on L1. My L1b expired on 07th June 2013, and I have an I94 valid till Oct 2015. My Company has filed a L1 to H1 COS for me.
1. If my COS gets approved, lets say sometime in July 2013. Can I go to India in August 2013, and come back in Oct post H1 stamping.
2. Does travelling outside US impact COS if its not approved yet? Does it get converted to a regular H1.
3. Does travelling outslide US impact an approved COS. Like I might face issues for stamping in Oct before coming back?

Appreciate your help here.

Thanks,
Abhishek

[raghvi]

Hi guys,

I am currently in US on L1. My L1b expired on 07th June 2013, and I have an I94 valid till Oct 2015. My Company has filed a L1 to H1 COS for me.
1. If my COS gets approved, lets say sometime in July 2013. Can I go to India in August 2013, and come back in Oct post H1 stamping.
2. Does travelling outside US impact COS if its not approved yet? Does it get converted to a regular H1.
3. Does travelling outslide US impact an approved COS. Like I might face issues for stamping in Oct before coming back?

Appreciate your help here.

Thanks,
Abhishek

1. Yes.
2. COS is deemed abandoned when one travel outside US and typically should get converted to a consular processing. One more thing to take care is to get approval notice mailed to your Indian address so that you can take that with you when you go for H1 stamping.
3. No issues as long as you have the right paperwork for H1 stamping.

This is my opinion not legal advice.

[abhishek86]

OK. Thank you. Appreciate your help.

Thank you Raghvi.

1. Yes.
2. COS is deemed abandoned when one travel outside US and typically should get converted to a consular processing. One more thing to take care is to get approval notice mailed to your Indian address so that you can take that with you when you go for H1 stamping.
3. No issues as long as you have the right paperwork for H1 stamping.

This is my opinion not legal advice.

[hrawat85]

Travel to India while COS L1 to H1 pending

Hi ,
I am currently working on L1 B for Organization "A" . Organization "B" have applied my H1 b this year. ( currently in RFE Response Review Stage , RFE-16 SEP , RFE Response - 20 SEP) . Iam planning to fly india on 22nd Nov for my marriage and will flay back to US on 21 Dec .
Ques :
If i fly out of US before i get the H1 final approval , will it abandon my H1 B processing or just my COS application or both. If only COS gets Abandon and i get my H1 b while i am in India , do i need to stamp my H1 b VISA before i enter US again or i can travel back to US on L1 B ? If i travel back on L1 b without the H1 stamping will there be any problem at the port of Entry ( Can CBP officer raise questions on not having H1 B Stamped )?
If i am allowed to enter US without H1 stamping , as per my understanding i can continue working on L1B as long as i wish even though i have H1 B ..right? and i will need to apply for COS for L1 to H1 conversion when i wish to work on H1 ?
Another Organization "C" is ready to do my H1 transfer once i get my H1b approval (Organization "B" applied for my H1B) . How soon i can start working for Organization "C" - can i start working with organization "C" as soon as they intiate my H1 transfer process or i need to wait for H1 transfer completion before i join Organization "C" ? If i fly out of US before my H1 approval and i get my H1 approval when i am in India , can Organization "C" start my H1 transfer or they need to wait untill i am back in US ? What is the document required for Organization "C" to start my H1 transfer process (other than Receipt Number ) ?

Thanks
Hemant