Travel on L1 or H1 ?

[seluka]

Currently I'm in US on L1 with Company A. This year I got my H1 processed through company B. I'm planning to go out of country on vacation this November. However I'm planning to travel and come back on L1 and then join company B. Is that legally correct ?

[raghvi]

Currently I'm in US on L1 with Company A. This year I got my H1 processed through company B. I'm planning to go out of country on vacation this November. However I'm planning to travel and come back on L1 and then join company B. Is that legally correct ?

Was you L1 to H1 applied as COS? if yes then you should work only withH1 employer from H1 start date.

Once you return on L1 you would be in L1 status. You would have to apply a COS to H1 after returning. You should not join employer B unless your COS to H1 is approved.

This is my opinion not legal advice.

[seluka]

Was you L1 to H1 applied as COS? if yes then you should work only withH1 employer from H1 start date.

Once you return on L1 you would be in L1 status. You would have to apply a COS to H1 after returning. You should not join employer B unless your COS to H1 is approved.

This is my opinion not legal advice.

I need to check with my Co laywer on the COS. But my approved H1 petition has I-94 card and instructions on it.

[raghvi]

I need to check with my Co laywer on the COS. But my approved H1 petition has I-94 card and instructions on it.

Well if you got an I-94 then it was applied as a COS. You should work only with B from the start date mentioned in the I-94, you can no longer work with A from H1 start date unless you go out of US and return on L1 before H1 start date.

If you go out of US before H1 start date and return on L1 you would have to re apply a COS in order to work for B.

This is my opinion not legal advice.