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L1 to H1b

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  • L1 to H1b

    My Wife is currently on L1 visa for company A. She has been in the US from may 2005. He L1 is valid till Feb 2008 after which it can be extended.
    This year she applied for H1-B through company B and got her H1 which is effective from Oct 1 2007. The H1-B approval notice also has an I-94 at the bottom effective from Oct 1 2007.
    1. Can she continue working for company A on L1 ? If so for how long ?
    2. Can company A file an H1 transfer(company B to company A) without any pay stubs from company B ?
    3. She also has a valid EAD based on my I-485 filing. But my I-140 approval is pending. Is it advisable to go on EAD and continue with company A ?
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    1. As long L1 is valid.
    2. No.
    3. That's an option.
    Immihelp Support
    No legal advice. Use at your own risk.

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    Visitor Medical Insurance for your visiting relatives.

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    • #3
      immihelp,

      how can she work on L1 as long as it is valid ?, H1 came with I-94, meaning COS already took place and now she is on H1 from Oct 01, 2007 --- correct me if am wrong

      Jyothi.

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      • #4
        As far as I know, person can have two nonimmigrant status in the US. If L1 visa status is valid, the person can work in US. L1 visa status does not get invalidated just by getting H1 status.

        That is my understanding. I could be wrong.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

        Comment


        • #5
          we can have N no. of visas stamped but at one point of time we need to be on one status in US.
          in this case, L1 needn't be invalidated up on H1 coming.what i mean is as she got I-94 with approved H1 petition she is already on H1 n "she can work on L1 at present "-- is unlawfull.
          my voice may be wrong.can wait for other replies.

          further, if i take my own scenario : i came to US on L2 and worked on EAD.my approved H1 petition came with I-94(COS) and from Oct 01, 2007 am on H1 and shldn't work for L2 employer.i have consulted an immigration attorney even to take final step and he said if it comes with I-94, i am on H1.
          if it was not the case i would like to be on L2(valid till Nov 2009) only
          .

          ---- not an immigration attorney, dont take this as base n proceed.use at your own risk.
          Last edited by JyothiReddy; 11-15-2007, 06:59 PM.

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