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L1 to h1b approved (but want to continue on l1b)

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  • L1 to h1b approved (but want to continue on l1b)

    I am currently on L1B and I applied for H1B job through a consultant. I requested the consultant to apply my H1B without COS so that I can continue on L1B even after Oct 1st and I can switch to H1 once I am confortable.

    My H1B got approved, however it was approved with COS. (Not sure if it was a mistake or consultant intentionally filed with COS) ( my current employer is giving me better package now and it doesnt make any sense to switch to H1B employer now). I want to retain status as L1 so As per the advice from attorney, I traveled to Mexico and re-entered to US on L1. I was told by attorney that I will be getting a new I-94. How ever I didnt get a new I-94 number, but my old (L1B) I-94 was auto re validated and my class of my admission was recorded as L1 on the latest I-94 along with the latest entry dates. So my question is about my current status. Can I be sure that I am on L1 now even though my I-94 number is the same as my old I-94?

    Dates:
    Entered US on L1B, got I-94# 123 on Jan 1st.
    H1B approved with COS on 1st of Dec with new I-94 #456
    Traveled to Mexico on 5th and returned on 7th got I-94# 123 with class of admission as L1


    Will USCIS be notified by CBP officials about my entry status or will they report only if there is a new I-94?

  • #2
    Originally posted by jkshankx View Post
    I am currently on L1B and I applied for H1B job through a consultant. I requested the consultant to apply my H1B without COS so that I can continue on L1B even after Oct 1st and I can switch to H1 once I am confortable.

    My H1B got approved, however it was approved with COS. (Not sure if it was a mistake or consultant intentionally filed with COS) ( my current employer is giving me better package now and it doesnt make any sense to switch to H1B employer now). I want to retain status as L1 so As per the advice from attorney, I traveled to Mexico and re-entered to US on L1. I was told by attorney that I will be getting a new I-94. How ever I didnt get a new I-94 number, but my old (L1B) I-94 was auto re validated and my class of my admission was recorded as L1 on the latest I-94 along with the latest entry dates. So my question is about my current status. Can I be sure that I am on L1 now even though my I-94 number is the same as my old I-94?

    Dates:
    Entered US on L1B, got I-94# 123 on Jan 1st.
    H1B approved with COS on 1st of Dec with new I-94 #456
    Traveled to Mexico on 5th and returned on 7th got I-94# 123 with class of admission as L1


    Will USCIS be notified by CBP officials about my entry status or will they report only if there is a new I-94?
    You would most likely be considered on L1 status.

    This is my opinion not legal advice.

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