H1B New I-94 . Importnat question

[arpita_10]

Hello,

I'm currently working in USA with my L1B visa for copmany A.
If my H1B gets approved this year through company B, will I get my new I-94 immediately with my new H1B petition papers ? Or Do I have to go to USCIS office to get my new I-94 ?
Is it important for me to travel outside USA and come back to USA with my new H1B visa before Oct 1 to get my new I-94 ?

Please reply. Thanks.

[txh1b]

If it is a COS, you get a I-94 with the approval and H1b kicks in Oct 1st. If not a COS, you can stay in your current status (L1) until it expires.

[arpita_10]

Thanks, Sir.
I want to retain my L1B even after my new employer has done COS to H1B. I have read in the forum that something called "LeapFrog" is applicable in this scenario. Is it true ? Should I go back to India before Oct 01 and come back only after Oct 01 ?

Will there be any legal problems with my current employed who is retaining my L1B and the new employed who has filed my H1B ?

Will my new employer cancel my H1B ?

Thanks.

[arpita_10]

Hello,

If my H1B gets approved, who will the USCIS send the documents to ? Me or my employer ?

If they send it to my employer, shouldn't I be having my H1B petiton docs ?

[txh1b]

Employer gets it. They have to give the I-94. They can retain the petition and give you a copy.

Other questions have been anwered in another thread.

[arpita_10]

Thanks.
I have heard of cases where the employer does not give the copy if H1B petition nor does he give the original I-94 to the employee till he joins the company that has sponsored H1B?
Is it legal to do this ? What should the employees plan of action be this case ?

I'm planning to do leap frog. In this case, I need my new I94 before I leave the country so that when I come back to the USA on Oct 15, I should be safe at PoE so that Immi officer allows me to get in on my L1B visa?

Could you tell me what if I do not have my new I-94 with me when I come back to the USA on Oct 15 ?

[txh1b]

You would not need H1b documents if you need to enter on L1. Your L1 employer should give those if they want to employ you as it is needed for foreign travel.

H1b documents are needed only if you plan on entering on H1b. As you exit before the H1b status kicks in, that I-94 is not of any value here in this discussion.