Change of status L1 to H1

[Bharathi]

Hi,
I am currently in U.S working for employer A on L1 Visa. My L1 Visa and I94 are valid till Dec 2014.

I had applied for H1 thru employer B for the FY 2014. My petition got approved in July 2013 and I received I-797A with I94 attached to it(the new I94 is from Oct 01-2013 to Sep 30-2015). So as per this approved H1 petition, I am supposed to work for employer B effective from Oct 01-2013.

But due to some personal constraint, I want to stay with my current employer A in L1 status. In order to maintain L1 status from Oct 01-2013, should I exit U.S and enter U.S again with L1 visa? If so, should i do this before Oct 01? Is there any other option for continuing with my current employer?

Also once I abandon my H1 status and continue working on L1, is it possible to use this H1 petition in future?

[raghvi]

Hi,
I am currently in U.S working for employer A on L1 Visa. My L1 Visa and I94 are valid till Dec 2014.

I had applied for H1 thru employer B for the FY 2014. My petition got approved in July 2013 and I received I-797A with I94 attached to it(the new I94 is from Oct 01-2013 to Sep 30-2015). So as per this approved H1 petition, I am supposed to work for employer B effective from Oct 01-2013.

But due to some personal constraint, I want to stay with my current employer A in L1 status. In order to maintain L1 status from Oct 01-2013, should I exit U.S and enter U.S again with L1 visa? If so, should i do this before Oct 01? Is there any other option for continuing with my current employer?

Also once I abandon my H1 status and continue working on L1, is it possible to use this H1 petition in future?

Easiest way would be to exit US prior to 01-Oct-2013 and return a few days after 01-Oct-2013 on your L1 Visa to continue maintaining L1 status. The idea is to nullify the COS on 01-Oct-2013 as you would not be in US on that date. The other longer and cumbersome process would be try to convince the H1 employer to convert the COS to Consular processing, which they may not be willing to do so easily and even then USCIS may not do so if it doesnt see sufficient grounds.

As you are already cap counted you certainly can use the H1 petition in the future. Make sure you get the receipt/approval notice from h1 employer for being able to do so.

This is my opinion not legal advice.

[Bharathi]

Thanks for your quick reply. How much would be the cost of changing my current H1 petition to Consular Processing? Does it stand the risk of getting rejected?

[raghvi]

Thanks for your quick reply. How much would be the cost of changing my current H1 petition to Consular Processing? Does it stand the risk of getting rejected?

Normal processing fees would be $325, premium would be $1325. Plus attorney legal fees.

And yes as with any other application there are chances of rejection.

This is my opinion not legal advice.

[Bharathi]

In order to use this H1 petition in future, should I get the original receipt/approval notice from H1 employer ? Or is it enough if i get the copy of this notice in email? It also has i94 in it.

[Bharathi]

H1B Transfer of fresh petition

The start date on my new H1 Petition for change of status is Oct -01, 2013. It has been processed by employer A. Is it possible to move to a different employer B using H1B transfer of this petition? Does US CIS always require three month pay slip from H1 employer?
If it is possible to move to a different employer, can you please let me know what documents are needed from employer A for H1 transfer?

[Bharathi]

Hi Raghvi, Can you please reply? It will be of great help.

[raghvi]

Hi Raghvi, Can you please reply? It will be of great help.

Check with B what would be enough for them? Some employers manage with receipt number, some want to see the actual approval notice. Pay stubs - 2-3 should be fine.

A more exhaustive list can be found at https://www.immihelp.com/h1-visa-transfer/

This is my opinion not legal advice.

[Bharathi]

I-94 handover at departure

I am going to Mexico on Oct 1st so that I can return to U.S on L1 status on Oct 2nd. I am supposed to surrender I-94 while I exit U.S.
1. Does that mean I need to surrender my L1 I-94 and H1 I-94 as well?
2. I don't currently have my original H1 I-94 with me. Will submitting a photocopy of H1 I-94 help?

Thanks...