txh1b,DMX17 and senior members ...plz help...query reg L1-H1 COS

[ganesh5]

Hi Immihelp,

I am currently working on L1 and my visa is valid till 2009...
I applied for H1b and got my COS approved and effective from oct 2008...

Now the situation is my L1 employer tenure is over and I
am asked to go back to INDIA by this month (June end)....

so now what is the possibility of holding the COS valid legally , in my scenario....

I have seen lot of posts about this , but I don't think this scenario is
discussed anywhere....(sorry If I missed any posts of same....

Thanks a lot....

[itzprams]

somewhat similar..please go here

http://www.immihelp.com/forum/showthread.php?t=42607

[ganesh5]

Thanks ITZprams.... for your quick reply....
Actually in my case my employer said my H1b COS is approved
and I can start work from Oct-2008...

so is it going to be any difference ???

Also , is it possible to apply for COS from INDIA...(since my L1 is valid till 2009)??
And if I do that , what will be the stamping process for the same ???

Can you please clarify ...

Thanks

[C4us]

If you go to India, you will not be able to re-enter the country on L1 unless your L1 employer has an opening for you and is sending you back. If he did and you returned and work for him until Oct. 1 and really had been issued an I-94 for H1B your H1B should be effective.

However, you may not enter the country on your L1 if you do not intend to work for that employer immediately following your entry. Since it appears that you will be in India, a COS does not apply in your case since you must be in status to do a change.

Therefore, you should get your H1B stamping and enter on that status. The only advantage to a COS is if you are already working in the country, then you do not have to leave for stamping.

Also, you do not have your approval notice with the I-94 in your hand as yet. Just because it was filed with COS and selected in the lottery does not mean that the COS was approved. If you leave the country while it is pending - I myself would consider it so until you are physically in posession of it, the COS application is abandoned, and you would have to get stamping before beginning to work.

Please do not attempt to enter on L1 if your current employer does not send you as misrepresentation at the border can have long term consequences.

If you have concerns, speak with an attorney - not your employer.

[ganesh5]

Hi C4us,

thx a lot for your valuable info..... I got what you mean....

And reg I-94 , what my employer is saying is that , he has already got the I-94 from USCIS....as he said he got the Receipt and Approval Notice at the Same time

so if I confirm from the employer it is approved , will there be any process change if I leave the country ???

Thanks for your help again.....

[txh1b]

You have no option but to leave the country and come back with a new H1b visa stamp. COS is applicable only when you are inside the US and are maintaining proper status till the COS happens which is Oct 1st.

Couple of options.
1. Ask for a new project with your employer, you might have already tried that.
2. If the gap was like a month or two, you could apply for a B2 COS now and stay till then. But if your B2 gets denied, your situation becomes messy with accumulated unauthorized presence.

My recommendation, go to your home country, come back with a H1b visa stamp later instead of wasting your money trying workarounds to stay here and cutting through your savings. If you have a good job and a good employer with a good record, what are you scared of?

[ganesh5]

Thanks a Ton!!!

Thanks txh1b.... I got my doubt clarified .....

I am planning as same as what you have recommended...instead of
going thru B1 COS and all those....

One final question , when can I start applying for interview for H1b
in INDIA ...Is there any FAQ for that available yet ....

Thanks again for all the members in Immihelp...
This forum is great....

[DMX17]

I think it used to be a standard that you can appear for an H1 interview 1 month before Oct 1st. But, last year, Chennai consulate allowed one to apply 90 days before Oct 1st due to expected high load. I am not sure when they will allow first-time H1 interviews this year. Once you get the H1, you can enter the U.S. on H1 status only 10 days before Oct 1st.

[ganesh5]

Thanks DMX17 , for your immediate response....
All the informations shared here are indeed helpful....

Thanks Again.....