L1B to H1B COS or CP ***Attorney Please help me very very urgent.***

[Nazir]

Status:

I am currently working on L1B with Company A and my visa & I-94 is valid till May 2008.

Company B is applying for H1B on April 2007.

I will be traveling to India on 28th April 2007 and will be back by 13th May 2007.

I am also not sure whether I will join Company B. if situation arise I wanted to choose between company A or Company B after I come back from India in MAY.

I understand if applied for COS and I will travel out of US during COS in process status my COS will be abandoned.

The following are my questions:

1) Can I apply for H1B from company B as CP at time of petition and later while come back to US in MAY apply for COS?

2) If I apply COS and not travel to India till it approved, will I moved on H1B status with company B as of 1st-October-2007 and L1B Visa/Status with company A is canceled?

3) If applied for CP with Company B Can I go to Canada / Mexico for H1B visa stamping?

4) If H1B visa is rejected in Canada / Mexico, is my L1B visa will also be canceled?

5) If H1B visa from company B is rejected and consulate didn't not cancel my L1B visa from Employer A can I re-enter USA without going to my home country on valid L1B visa from Employer A?

6) Can I continue working for Company A (on L1B) even after 1-October-2007 having COS with company B, Can I apply for New COS on L1B from Company A?


Please help.Thanks in advance.

Regards,
Naz

[Nazir]

Status:

I am currently working on L1B with Company A and my visa & I-94 is valid till May 2008.

Company B is applying for H1B on April 2007.

I will be traveling to India on 28th April 2007 and will be back by 13th May 2007.

I am also not sure whether I will join Company B. if situation arise I wanted to choose between company A or Company B after I come back from India in MAY.

I understand if applied for COS and I will travel out of US during COS in process status my COS will be abandoned.

The following are my questions:

1) Can I apply for H1B from company B as CP at time of petition and later while come back to US in MAY apply for COS?

2) If I apply COS and not travel to India till it approved, will I moved on H1B status with company B as of 1st-October-2007 and L1B Visa/Status with company A is canceled?

3) If applied for CP with Company B Can I go to Canada / Mexico for H1B visa stamping?

4) If H1B visa is rejected in Canada / Mexico, is my L1B visa will also be canceled?

5) If H1B visa from company B is rejected and consulate didn't not cancel my L1B visa from Employer A can I re-enter USA without going to my home country on valid L1B visa from Employer A?

6) Can I continue working for Company A (on L1B) even after 1-October-2007 having COS with company B, Can I apply for New COS on L1B from Company A?


Please help.Thanks in advance.

Regards,
Naz

Can any one pleas help on him. I need to replay to company filling H1b for on Monday morning. Pls help. Urgent

[Madmox]

Re: Nazir

Hi Nazir,

Here are the answers to ur questions to the best of my knowledge.

1) Yes you can have comp B first file H1B for you with CP, and can then ask ur comp B to add an COS amendment to your original petition, when you come back in May.

2) Yes. And your L1 status is invalid effective Oct 1 2007.

3) If applied for CP, you cannot go to Mexico/Canada. They would ask you to go to your home country, because it is first time H1B stamping.
4) If H1B is rejected, they do not touch your L1B (unless you have already changed your status to H1, incase L1 visa is invalid and would be prejudiced)
5) Common Nazir, when you have visa you can always enter into USA. (Unless you changed status to H1 - as your L1 visa is invalid. But some times at the border posts they may also allow you into USA based on validity of your I-94 card, you dont need visa)
6) Once status changed, legally speaking you cannot work for Comp A. But no body can stop you from working. But it would create problems for you in future.