H1 amendment.

[jugnu_22]

Hello,

I'm in the USA on L1B and this is valid till Sept 2009.
This year I've applied for H1B and it got selected. This employer applied with the COS.
I want to work on L1 even after Oct 01. So I've decided to go out of USA and come back by end of Oct 2008 my h1 will be out of status and this way I can work on my L1.

My questions are:

1) If I want to go back to H1 in March 2009, what should my employer do ? 2

2) What should I role be ?

3) Is it that USCIS will again do a change of status from L1 to H1 ?

4) Will they question me and create problems in future ?

Thanks.

[txh1b]

There is nothing called H1 being out of status like you mention in your post. You are just voiding the COS by means of a travel and return on L1 using the last action rule.

1. File an amendment for COS to H1b.
2. Provide you latest I-94 and paystubs from L1 to prove your status.
3. No, why?
4. No, Why?

[jugnu_22]

Ok Thanks. Can I ask the employer to file for an amendment only after I'm ready to work with H1B ? May be march 2009 ? Normally how long does it take to change the COS to h1b ?

[txh1b]

Read through some posts on the forum. That will help you familiarize with the process better.

[jugnu_22]

Are you talking about this page:

https://www.immihelp.com/h1b-petition-amendment/

But my case is peculiar... plz let me know the link to a similar case as that of mine.

[txh1b]

Go to the forum and read posts from other users under the H1 section. That gives you idea about various situations and solutions suggested. Everyone thinks their case is unique but most likely it is not. If you don't read, you will keep thinking your case is unique.