Transition from L1 to H1B

[bujjigadu]

Hi,

I am on an L1 from an Indian company. Now I obtained H1B for self and H4 for my spouse. I am in two minds about leaving my current employer (L1). Is there a way I can continue on L1 even after 1st Oct? Lot of people are saying I can, but I want to really make sure that is not illegal and does not have any other side-effects.

Also, what will happen if I go to India on vacation after October? My L1 visa is expired (evenm though petition is still valid) and so I have go for restamping. Will it be an issue to get my L1 restamped because I have a H1 now?

Can someone please guide me here? Thanks a lot for your advise.

- Bujjigadu

[crazylad]

Leave the country and get your L1 stamped again

If you are currently in US on L1, your H1B would have been applied as a Change of Status (COS). Even after your H1B is approved, if you want to continue with your current (L1) employer, leave the country and get your L1 & your wife's L2 stamped based on your L1 petition. Since your L1 petition would still be valid, it will not be a problem. Then you can enter US on your L1 visa and continue with your current employer. But, it is better if you do this before 1-Oct.

[bujjigadu]

Thanks for your reply crazylad.

When I go to the consulate for getting L1 stamped, would they not be aware that I also have an approved H1? Do I have to justify anything to them as to why I applied H1 and still continuing with L1? Are there any chances of rejection?

[txh1b]

Hi,

I am on an L1 from an Indian company. Now I obtained H1B for self and H4 for my spouse. I am in two minds about leaving my current employer (L1). Is there a way I can continue on L1 even after 1st Oct? Lot of people are saying I can, but I want to really make sure that is not illegal and does not have any other side-effects.

It is illegal to work for the L1 company after Oct 1st if the H1b was applied and approved as a Change of Status which puts you on H1b status from Oct 1st automatically.

Also, what will happen if I go to India on vacation after October? My L1 visa is expired (evenm though petition is still valid) and so I have go for restamping. Will it be an issue to get my L1 restamped because I have a H1 now?

You should leave the country before Oct 1st and return after Oct 1st on L1 again if your L1 petition is valid. This is essential to void your COS to H1b. This does not stop you from using this H1b at a later date. There are plenty of posts on how this can be done on the forum.

Search for leapfrog on the forum to find out about entering after Oct 1st.

You need not explain to the VO why you chose L1 instead of H1b etc. It is your choice. They will not even ask.