L1 To H1 Transfer - But need L1.

[arpita_10]

Hello,

I work for company A on L1B visa and came to USA on Mar 03 2007. This year (2008), I got my H1B visa filed from consultant B and my name got picked up in the lottery. I'm now waiting for H1B approval. I have the following questions. Please answer . I'm worried:

1) If my H1B gets approved, will be L1B stand invalid ?
2) Officially when should I start working on H1B ?
3) If I continue working on L1B after Oct 1 2008, will there be any problem ?
4) I want to retain my L1B visa even after Oct 01 2008 and also continue to hold H1 Visa, is this possible ? I have some important project work to complete for my company A now, it could be till Dec 2008, before I start working on H1B. Please let me know what should I do to retain my L1B?
5) Will company A come to know that I have got my H1B filed from company B ?

Thanks. I'm really worried. Please help.

[txh1b]

I've answered lots of similar posts. Search the forum.

[arpita_10]

Thanks. Could you send me a link ?
Also, could you tell me if CompanyA will come to know about my H1B ?

[itzprams]

1) If my H1B gets approved, will be L1B stand invalid ?

if h1b is approved with change of status then L1B becomes invalid after Oct 1st 2008

2) Officially when should I start working on H1B ?

if h1b approved with change of status then from Oct 1st 2008.
if change of status is not approved then whenever you want you can go for stamping outside USA.

3) If I continue working on L1B after Oct 1 2008, will there be any problem ?

if h1b is approved with change of status then it would be illegal to work after Oct 1st 2008 with L1B employer.

4) I want to retain my L1B visa even after Oct 01 2008 and also continue to hold H1 Visa, is this possible ? I have some important project work to complete for my company A now, it could be till Dec 2008, before I start working on H1B. Please let me know what should I do to retain my L1B?

Leave USA before Oct 1st and come back after Oct 1st, this way you will retain L1B

5) Will company A come to know that I have got my H1B filed from company B ?

Not unless you resign

[arpita_10]

Thanks a lot, Sir for your reply. Are you talking about "Leaf frog" principle that is just for retaining my L1B status ?

Will there be any legal problems with the current employed who is retaining new L1B visa and also with the new consultant who had filed for my new H1B ?

[DMX17]

Thanks a lot, Sir for your reply. Are you talking about "Leaf frog" principle that is just for retaining my L1B status ?

Will there be any legal problems with the current employed who is retaining new L1B visa and also with the new consultant who had filed for my new H1B ?

Yes, I think the itzprams was talking about the Leapfrog.

I don't understand what your second question about leagal problems means.

[itzprams]

Are you talking about "Leaf frog" principle that is just for retaining my L1B status ?

Yes

Will there be any legal problems with the current employed who is retaining new L1B visa and also with the new consultant who had filed for my new H1B ?

No legal problems.
L1 remains valid and COS of H1B will be dropped since you left the country. However H1B petition remains approved for later use But H1B employer can cancel your h1b petition if he doesn't agree with your situation.

[arpita_10]

Thanks for your response.
I spoke to an attorney and she said that if I come back to USA after Oct 01, I can work on my L1b and get a new I-94 on my L1b.

She said that my new consultant who has filed my H1, has to refile my H1 after I'm ready for work. What exactly does refile mean ?
She said I'll be counted against the cap.

I'm confused. Please reply

[txh1b]

You are already cap counted and not counted again.

[arpita_10]

Fine... but what does a refile mean ?

[txh1b]

Amendment is nothing but a refile. A COS for H1 involves refiling I129 which is the amendment.