L1 to H1 transfer

[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. Change of status to H1 is also approved 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 or Canada 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? Since the Change of status is approved from Oct 1st; Will my visa status become H1 automatically on Oct 1st, even if I am in India or Canada?
2. If I want to use H1, 2 months after Oct 1st, How do I do that? Can I apply for COS; or should I go out of US and get stamping and come back?

Can somebody please clarify? I appreciate your help.

Thanks,
Suresh

[waitin_toolong]

if you eneter using L1 then your status will be L1 and you cannot just start working using H1. You will either have to have approved COS or reenter using H1 stamp

[sureshj]

Hi Waiting toolong, thanks for your help!!!

Just two more quesitons..

1. If I drive to Canada on Sep 29th and come back to US on Oct 2nd using L1 visa, I am assuming that I will be on L1 status. Please confirm my assumption. Driving to Canada or Flying to Canada in this case..Does it make any difference?

2. Is it possible to apply for COS without leaving the country on Oct 1st? If yes, can we apply for this without my present employer's awareness?

Thanks,
Suresh

[sureshj]

Hi Waiting toolong, thanks for your help!!!

Just two more quesitons..

1. If I drive to Canada on Sep 29th and come back to US on Oct 2nd using L1 visa, I am assuming that I will be on L1 status. Please confirm my assumption. Driving to Canada or Flying to Canada in this case..Does it make any difference?

2. Is it possible to apply for COS without leaving the country on Oct 1st? If yes, can we apply for this without my present employer's awareness?

Thanks,
Suresh