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  • L1 to H1B transfer

    Please guide me as i am in a very new situation
    I am in US On L1 status through company A at the same time I have my H1B I797 approved petetion from company B
    so If I want to change to H1B status then company B will have to file for COS and then I can start working with employer B and donot get stamped as my I-94 is still valid for 2 years.
    What is the possibility if I want to work again with employer A.
    1. Will Company A will have to file COS again if I am in US ?
    2. If I travel back to India after finishing my project with company B then If I travel back to US using my L1 then IS there no requirement of COS again?
    As I am entering US using L1 visa.

    Some one who has undergone such a situation can clarify.
    Thanks

  • #2
    1) yes. A COS application is required to change status within the U.S.

    2) If you travel and re-enter with a valid L1 visa, you will be on L1 status. No COS is required in this case if you wanted to work for the L1 employer and you enterd using the L1.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      L1 to H1B transfer

      Thanks for the reply
      Some more doubts have appeared as we think more
      1. As my L1 validity is up to sept 09 both on I-94 and on visa
      if I change status in US using COS and cross the deadline of visa and remain working by extending my status using I-94 then what I need to do when I want to travel to India.
      a) can get the stamping done from either maxico or canada
      b)will have to travel to India for stamping.
      c) cannot travel at all.
      2. If I travel back to India before my visa and I-94 expires i.e before sept 2009 then I believe I can travel to India using my L1 visa stamp only while I have already done COS to H1B and working with H1 employer.
      If I travel like this then How I will have to re-enter back to US and what will be my status after reaching there?

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      • #4
        1. get a new H1b stamp to enter on H1b again.
        a. Possibly. There is always a risk if you don't have a US degree to be re-directed to your home country.
        b. See A.
        c. No such restriction.

        2. The new I-94 that you get with your COS approval determines your new status while in the US. The old I-94 expiration date is for that particular status. For entry, you always need a visa stamp that matches your status that you intend to maintain. For exit, it does not matter.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          L1 to H1B transfer

          Thanks a lot txh1b , I find this forun a great place to share information.

          This completely means that If I use only COS to change from L1 to H1 I will get a new I -94 but still mt L1 status is alive because i have not gone for stamping whrere VO can either cancel or leave as it is
          which I can revoke by another COS if I am i this US and L1 visa is not expired
          and can do a visa extention if I come to India or from US when the visa is about to expire to make use of 2nd 3years. and then again do H1 cos in the 2nd half of visa validity.

          and another question you enter from India to US using any visa your status automatically becomes to that whichever visa you are using to enter and there is no requirement of COS them irrespective of the fact what status you worked in past when you were in US.

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          • #6
            I think what you understood is incorrect. The lack of punctuation and the long sentences without a break in your post makes it difficult to read and understand. Repost your questions and understanding clearly one more time.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              I mean to ask
              I travelled using L1 first time then converted to H1 using COS got a new I-94 with H1B but the visa on passport is still of L1 which is still valid ,
              can I use this visa to travel if it doesn't get expire?
              can I do again another COS from H1 to L1 if I want?

              Next come to India ,
              Now it is possible to apply for the L1 extension from India ?
              and if yes
              I will have both L1 and H1 approvals with me
              In this case I can use any of the approvals and get it stamped and travel using that visa type whichever i have choosen to get stamped.

              Comment


              • #8
                A person on L1 that has an approved COS while in the US to H1b effective Oct 1st is automatically on H1b. It is illegal to continue work on L1 unless the person leaves US before Oct 1st and returns after Oct 1st using the L1 visa and an unexpired L1 petition.

                Once outside US, you are free to get any stamp and re-enter on whichever status. You should have an entry visa to match the status that you wish to maintain. Petitions (H1/L1) remain valid as long as the employers have not revoked them. If there is a long gap, a latest employment offer is needed.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment

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