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H1 questions

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  • H1 questions


    I'm currently on L1B visa working in the USA. I got my H1B filed from a consultant. He's requested change of status from L1 to H1. It's picked up in the lottery but still awaiting approval.
    I have the following questions. Please take some time out to answer:

    1) After "leap frog" on Oct 23, can I request my employer to file an amendment form my h1, to again change the status from L1 to H1 and also can that employer request USCIS that I'm ready to work from Feb 16 2009 (this is the date I'll give them?

    2) If I specify Feb 16 2009, I know my date is Feb 16 , can USCIS, do it before Feb 16 ? By doing this, I know the exact date and I can quit my current L1 job otherwise things become very uncertain.

    3) Is it that USCIS take their own time to process the H1 amendment applications and do not entertain the dates that we give ?

    4) Also, if I do leap frog, my I'll be out of status from Oct 1 as I'm not in the USA. So while I'm in India, can I resign from my current L1 job (I have overseas projects at India) and start looking our for jobs in the USA and get my H1 stamped and come back to the USA on H1 in Dec 15 2009 ??

    These questions are troubling me . Please help. Thank you.
    Last edited by madhav_s; 07-21-2008, 08:41 AM.

  • #2
    Can someone answer there questions, please ?


    • #3
      I still did not get any reply. I'm tensed. Could you please help ? !


      • #4
        TXH1B or Orion or Subramanya, please answer my questions.


        • #5
          1. Yes, employer can file amendment to COS again after entry using leapfrog on L1. However, the future requested employment date may not be possible as a COS request gets approved whenever it does and you land in H1b status following that. I am not sure about the future start date date. Talk to your lawyer and post back.

          2. Yes. You can go with premium processing and get result in 15 days closer to the start date.
          3. I believe so. But not sure. The H1b form can mention a start date. So, it might be possible.
          4. You don't have a status when you are outside US. you are thinking too much. All status is when you hold I-94 and remain in the US soil.

          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.