L1 to H1 transfer - COS

[sureshj]

Hi,

I am currently working with Company A in the US on L1 visa; and the visa is valid till Apr 2008. In the mean time, another company B has processed my H1B visa; and it is approved with I-94 from Oct 1st 2007. I understand from various forums that I should start working with Company B from Oct 1st 2007; and I can no longer work with company A anymore after Oct 1st. I have the following questions though.

1. If I go to India during Sep 4th week of 2007, and try to come back after Oct 1st, can I come in L1 visa? What will happen to my H1 petition in this case?
2. On what date will the status of the visa be changed from L1 to H1? If I am in India during this visa status change time(if on Oct 1st), what will happen to my visa status?

Can somebody please clarify?

Thanks,
Suresh

[waitin_toolong]

if you return using L1 either before of after Oct 1 your status will be L1 and cannot work for H1 employer till you get approved COS to H1 or enter using H1.

if you are in india on Oct 1st then you dont have any status, as the visa status exists only while you are in USA. it does not matter what stamp you have on passport or what approval you have. You status comes into existence when you enter USA and ceases when you leave.

[sureshj]

Will my H1 visa become invalid on my entry to the US after Oct 1st?

or will there be questions from immigration officer at the port of entry on why I am not entering on H1, but on L1?

[sureshj]

Will my H1 visa become invalid on my entry to the US after Oct 1st?

or will there be questions from immigration officer at the port of entry on why I am not entering on H1, but on L1?

[waitin_toolong]

H1 will not become invalid but cannot be used till you exit the country get a stamp of H1 and reenter using that.

Alternatively have approved COS from L1 to h1. You cannot start working on H1 while COS is still pending.