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COS from L1 to H1 with multiple employers.First approved w/new I-94 but second denied

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  • COS from L1 to H1 with multiple employers.First approved w/new I-94 but second denied

    Although i noticed few similar questions on this forum, I couldnt find the exact answer. I am in a situation where my L1 to H1 COS is approved with new I-94. I have also started working with XYZ employer begining Oct-1st this year. I was also selected by another employer and they initiated my COS to H1 earlier in April-2014. The second case went through RFE and unfortunately the COS denied today. My question is - can I legally continue staying in this country while working for 1st employer XYZ? Will this cause any issue when I go out of the country and appear for stamping.

    Just to clarify my situation again -

    When I filed for H1-B through multiple employers, my status was L1. However effective oct-1st, the status changed to H1 as my COS was approved through first Employer (XYZ). Now after a month, second employer got the verdict on COS to H1 and a denial came today. Does this make me go back to L1 Or I will keep on H1-B status?

  • #2
    Originally posted by visaaspirant2014 View Post
    Although i noticed few similar questions on this forum, I couldnt find the exact answer. I am in a situation where my L1 to H1 COS is approved with new I-94. I have also started working with XYZ employer begining Oct-1st this year. I was also selected by another employer and they initiated my COS to H1 earlier in April-2014. The second case went through RFE and unfortunately the COS denied today. My question is - can I legally continue staying in this country while working for 1st employer XYZ? Will this cause any issue when I go out of the country and appear for stamping.

    Just to clarify my situation again -

    When I filed for H1-B through multiple employers, my status was L1. However effective oct-1st, the status changed to H1 as my COS was approved through first Employer (XYZ). Now after a month, second employer got the verdict on COS to H1 and a denial came today. Does this make me go back to L1 Or I will keep on H1-B status?
    You would be on H1. To be safe, leave US, get H1 stamping and return.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You would be on H1. To be safe, leave US, get H1 stamping and return.

      This is my opinion not legal advice.
      Thank you for your advice !

      I need to complete a deadline based assignment in December this year and was thinking to leave US in January for Stamping. Will this denial cause any issues in the stamping?

      Do I need to mention anywhere that someone applied another COS for me and the petition got denied?

      Please let me know your thoughts.

      Appreciate your help again !

      Thank you..

      Comment


      • #4
        I dont think the other denial would affect the outcome of current H1 visa interview, and there is no requirement to declare the same.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          I dont think the other denial would affect the outcome of current H1 visa interview, and there is no requirement to declare the same.

          This is my opinion not legal advice.
          Thanks a lot Raghvi. Appreciate your advice !

          Comment

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