L1B to H1B Transfer

[smilejegan]

Hi All

I applied for H1b Visa thru a consultant and he filed as COS with USCIS and it is still in PENDING state , however my consultant says it will be approved in Coule of weeks. Meantime i heard once it approved by USCIS then my status will be changed to H1B after Oct 1st. But i dont want to change imdly and i want to stick with my old employer for another 6 months. I went thru the forum and knew about the leapfrog. Now i have the following questions. As i have Zero leve knowledge about these could anyone reply for my questions please.

1. Wht is Leapfrog and how it works. As long as i know that i have to leave before oct 1 st from US and submit my I-94 (both L1 & H1) at POE and return again after oct 1st and get a new i-94 card for L1. is it right?

2. wht questions they ask in POE while returing back to US?

3. If i reenter thru L1 then wht abt my H1 petition, will that be valid or not?

4. if it is valid then wht is the procedure to change from L1 to H1 after 6 months. Also if i go for vacation in this 6 months period then while coming back to US ,whether i can retain my L1 again or not?

pls someone help..thx so much

please someone reply

[txh1b]

Read all the leapfrog threads and you will learn a lot more.

[smilejegan]

i went through all the threads...but still having little confusion can you confirm and reply to my questions pls..i have only zero knowledge on this..please reply..thanks so much

[txh1b]

1. Can't explain it any better than previous threads. Leaving before Oct 1st and returning after 1st is the basic thing.

2. Nothing special. The usual stuff related to the visa you are entering on.

3. It will be valid but to work on H1, you either need a stamp and return on H1 or have the employer file an amendment to COS.

4. You can only maintain 1 status in US. The petitions as such remain valid unless the employer revokes it.

All the answers to these questions have been repeatedly posted on the forum. You just need to spend time looking into it rather than me answering the same thing again and again.

[smilejegan]

thx a lot..i will be happy if you clarify the following as well

1. wht is the last date for USCIS approval. will it be possible that my case will be approved after oct 1st. (as my status is still in pending wanted to know what is the last date)

2. If my COS approved after oct 1 st then wht i have to do to retain my L1

3. Employer who applied H1 for me is not updating me about the status properly. (even the receipt number). so how we can ourselves know wht is the status of our petition?

thx a lot for ur help!!

[txh1b]

1. There is no last date. It can happen anytime
2. Leave immediately upon approval and return on L1 again.
3. You have no choice but depend on the employer. If you wish, you can leave now while the petition is pending and enter again on L1. That will void the COS associated with the H1b but the application as such will get processed.

[smilejegan]

thx so much for ur quick reply

3. You have no choice but depend on the employer. If you wish, you can leave now while the petition is pending and enter again on L1. That will void the COS associated with the H1b but the application as such will get processed.


--1. i can go and reenter anytime or i have to reenter after oct 1st while my COS is pending for approval?

--2. One more thing, my case is in rejected status due to Incorrect fee)(according to my employer) and they sent it again also they told me that it will be approved in couple of weeks. Shall i leave and reenter while my case is in rejected state or shud i wait for pending state?

thx again

[txh1b]

1. You can travel during any time now as the application is still pending which will void the COS.

2. Does not matter.

[smilejegan]

thx a lot for ur reply..

sorry to bother you again and again..do you mean only we have to leave before oct 1st and return after oct 1st only if my petition is approved, other wise i can leave and reenter anytime before oct1st? (PEND/REJE status)

Also, if i leave and reenter now, then how can i ensure that my Visa status not changed to h1 after oct1st?

thx a lot again

[smilejegan]

In addition to my previous questions i have one more pls.

If i leave US and reenter now (by going to canada) do i need to ask the new I-94 card (for my L1) at POE or it is not required?

thx again..apprciate your quich help..

[txh1b]

USCIS rule says when a person travel on a pending petition, it voids the COS associated with the petition.

Having said that, you can travel now and enter the next day. All you need is a new I-94 with a different number to void your COS on a pendingpetition.

Travel to Canada/Mex will not get you a new I-94 if the travel is less than 30 days. If the POE officer wants to, they can issue the I-94 by collecting the old I-94. You can try your luck.

Best is to travel and return where a new I-94 is guaranteed.

[anus]

Hi txh1b,
Can you clarify What do you mean by "Best is to travel and return where a new I-94 is guaranteed".I am planning to do a leap frog by leaving to canada on sep 30th and come back to USA on oct 2n(by road)
1) Can you tell me when exactly i need to return my current L1 I-94
2) When will i get new i-94 from POE officer. Should i specifically ask POE officer for new I-94?
3)Are there any chances of not getting new I-94 based on L1 visa.
4)do i need to submit my approved H1 related I-94 also? of is it ok if i don't submit it also..The reason i am asking is i did't yet receive my H1 approval from my employer.
5)is there any other country other than canada where i can get I-94 for sure.

If you don't mind can you expalin this clearly as this is very imp decision related to my career..

Thanks,
****.

USCIS rule says when a person travel on a pending petition, it voids the COS associated with the petition.

Having said that, you can travel now and enter the next day. All you need is a new I-94 with a different number to void your COS on a pendingpetition.

Travel to Canada/Mex will not get you a new I-94 if the travel is less than 30 days. If the POE officer wants to, they can issue the I-94 by collecting the old I-94. You can try your luck.

Best is to travel and return where a new I-94 is guaranteed.

[txh1b]

If you don't have the H1 approval, you need not wait to do leap frog. You can do it now.

1. The departure portion of CBP Form I-94 and passport is to be in the applicant’s possession at all times until the applicant departs the United States. If an applicant boards a commercial conveyance to depart the United States, the transportation carriers are:


To remove the departure portion of the CBP Form I-94 from the applicant’s passport.
Annotate the reverse of the departure portion of the CBP Form I-94 with the facts of the applicant’s departure from the United States.
Return the departure portion of the CBP Form I-94 to the nearest CBP office.
It is the applicant’s responsibility to make sure the transportation carriers collect the applicant’s departure portion of the CBP Form I-94. If an applicant departs the United States by way of land through Canada or Mexico, it is the applicant’s responsibility to return the departure portion of the CBP Form I-94 to Canadian or Mexican Immigration Officer upon departing the United States, unless it is retained for automatic revalidation upon re-entry to the United States within 30 days of departure to contiguous territory for all nonimmigrants (or additionally, adjacent islands for F, J, and M nonimmigrants) (see 8 CFR 214.1 and 22 CFR 41.112 for complete information on automatic revalidation).

2. At re-entry. Yes
3. The POE can say you do not need a new I-94 due to contiguous territory rule. You need to explain about the pending COS that you don't want to have.
4. No
5. Go to your home country.

[anus]

txh1b,
thanks for your detailed reply.your answer is based on the assumption
"If an applicant boards a commercial conveyance to depart the United States"

how about persons travelling by own vehicle.bcoz i am planning to travel by my car.Is there a way for me to submit my L1 I-94 while departing USA to canada?

Have you come across anybody in the forums that have successfully done leap frog(through road from USA to Canada).

please help me out here..


Guys,
Anybody who has done the leap frog previously please guide me.

If you don't have the H1 approval, you need not wait to do leap frog. You can do it now.

1. The departure portion of CBP Form I-94 and passport is to be in the applicant’s possession at all times until the applicant departs the United States. If an applicant boards a commercial conveyance to depart the United States, the transportation carriers are:


To remove the departure portion of the CBP Form I-94 from the applicant’s passport.
Annotate the reverse of the departure portion of the CBP Form I-94 with the facts of the applicant’s departure from the United States.
Return the departure portion of the CBP Form I-94 to the nearest CBP office.
It is the applicant’s responsibility to make sure the transportation carriers collect the applicant’s departure portion of the CBP Form I-94. If an applicant departs the United States by way of land through Canada or Mexico, it is the applicant’s responsibility to return the departure portion of the CBP Form I-94 to Canadian or Mexican Immigration Officer upon departing the United States, unless it is retained for automatic revalidation upon re-entry to the United States within 30 days of departure to contiguous territory for all nonimmigrants (or additionally, adjacent islands for F, J, and M nonimmigrants) (see 8 CFR 214.1 and 22 CFR 41.112 for complete information on automatic revalidation).

2. At re-entry. Yes
3. The POE can say you do not need a new I-94 due to contiguous territory rule. You need to explain about the pending COS that you don't want to have.
4. No
5. Go to your home country.

[smilejegan]

Guys. also pls tell wht will happen if we tell at POE that we lost our (old) I-94 departure card while retuning back from Canada? will they give the new I94 card or any issues?