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How to get details of H1 filing type

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  • How to get details of H1 filing type

    One of my friend is currently in US on L1A and his VISA is valid tilll 2017. Looks like he also applied for new H1 through another employer , to file through consular processing, but not sure whether they did file the H1 through Change of Status or consular processing. His H1 got picked in the H1 lottery and he got the receipt number but the new employer is not sharing the receipt.

    The Question is
    1. How to find out whether the filing is done through COS or consular processing.
    2. If the filing is done through COS and if it is approved before Oct 1st. What will happen to the L1.
    3. If the filing is done through Consular process and if it is approved before Oct 1st. What will happen to the L1.
    4. What should he do to continue on L1, on both the cases.
    5. Will it help if he exit US before 1st Oct . In case if he exits, When should he re-enter on L1, before Oct 1st or after effective date of COS ?. Please advice.
    Last edited by Adavan Balasundaram; 06-28-2015, 06:58 PM.

  • #2
    1. How to find out whether the filing is done through COS or consular processing.
    >>> Checking with the employer is the only option.

    2. If the filing is done through COS and if it is approved before Oct 1st. What will happen to the L1.
    >>> Nothing will happen to L1. Your friend will remain in L1 until the H1B COS effective date. When the COS becomes effective (usually Oct 1st), his status will change to H1B and he should be working for the H1B employer from that date. Any employment with the L1 employer post H1B effective date is illegal if the H1B gets approved as a COS. Not working for the H1B employer from the H1B effective date will make your friend go out of status on H1B.

    3. If the filing is done through Consular process and if it is approved before Oct 1st. What will happen to the L1.
    >>> Nothing. Your friend will remain in L1 status. His/her status will not change to H1B and cannot work for the H1B employer until he/she gets the H1B visa stamped and return back in H1B status. He/She can continue to work for the L1 employer in L1 status until the L1 petition expiry date.

    4. What should he do to continue on L1, on both the cases.
    >>> If H1B gets approved for COS and if your friend want to continue with the L1 employer, then the best option is to leave the country prior to the H1B effective date and return back in L1 visa post the H1B effective date which will get your friend back into L1 status. Alternatively, the L1 employer can file a COS from H1B to L1 (Cannot work for the L1 employer until the COS gets approved). The easiest option is to leave the country and return back in L1 visa.

    5. Will it help if he exit US before 1st Oct . In case if he exits, When should he re-enter on L1, before Oct 1st or after effective date of COS ?.
    >>> Leave before H1B effective date and enter after H1B effective date in L1 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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