Help needed urgently

[h1_2008]

hi,

I applied for H1 last year and then came to USA on L1 visa from present company (came 3-4 months back). I could not attend the interview for H1 in India. My consultant previously said that i need to go to India/Canada for H1 interview but now they are telling that an amendment can be made for my H1 petition and i do not need to go to any country and i will receive my H1 visa in 4-6 weeks. Is that true? I am really worried as i feel this might be illegal. Please let me know.

Thanks

[txh1b]

It is not illegal. Your H1b can be amended to change your status form L1 to H1b. But note that you are on H1b immediately upon approval of the COS and you cannot and should NOT work for the L1 company after the approval. There is no grace period to accomodate notices etc to the L1 company. It is illegal and unauthorized employment after the H1b approval of the amendment for the alien to work for L1 company.

And once on H1b, you need to be paid by your consultant all the time to maintain proper status, project or not does not matter. Evaluate your choices.

[h1_2008]

Hi,

Thanks a lot for the reply. Can this amendment and the resultant L1 to H1 COS be done without informing me? I mean my original passport is with me and will be needed by the consultant to send to the consulate for the H1 stamping..right? This is because i do not want to immediately convert my L1 to H1 and want to know whether my H1 consultant can do that by just informing me without my acknowledgement.

Thanks and Regards

[txh1b]

Hi,

Thanks a lot for the reply. Can this amendment and the resultant L1 to H1 COS be done without informing me? I mean my original passport is with me and will be needed by the consultant to send to the consulate for the H1 stamping..right? This is because i do not want to immediately convert my L1 to H1 and want to know whether my H1 consultant can do that by just informing me without my acknowledgement.

Thanks and Regards

If the consultant has a copy of your latest I-94, COS can be done without informing you. It is just a matter of selecting a check box in the H1b application form of I129. You need to ask your employer if it was a CP or a COS or look at your I129 form to know.