L1 to H1 COS - Leap Frog

[chandchak]

Hi,

I am planning to do leap-frog this year.I have few questions regarding it

1) Is it ok if I leave US on 30th Sept evening(say 09:00) and return US on 01st Oct morning (say 09:30).Do I need to stay more than 24 hours(or some hours) in Canada to be eligible for leap-frog.

2)If leaving by flight will i be surrendering my I-94 while leaving for Canada or do i need to surrender both my I-94 at the POE while re-entering US from Canada?

Could you please help me on this.

Thanks

[txh1b]

Airline will not accept the I-94 as they check when your return date is. It is up to you to convince the POE person in Canada to issue you a new I-94.

No time restrictions. Third country travel does not guarantee I-94 for anyone. You should convince the CBP person as to why.

[chandchak]

Thanks for the quick reply TXH1B.

Does this mean that the new I-94 will be granted by the POE at Canada-ie while entering Canada ?
I had a understanding that the new I-94 will be granted while re-entering US from Canada at the Immigration counter.

So should I surrender all the previous I-94 at the POE of Canada ?

Airline will not accept the I-94 as they check when your return date is. It is up to you to convince the POE person in Canada to issue you a new I-94.

No time restrictions. Third country travel does not guarantee I-94 for anyone. You should convince the CBP person as to why.

[txh1b]

The POE is in Canada (called Pre boading inspection) and will happen in Canada itself. If the airline rep takes your I-94, well and good. If not, you have to return it over at the same place where you get the new I-94.

[chandchak]

Thanks.

So I understand that leap-frog is going to work if I can get a new I-94 irrespective of coming back to US on 01st October or 2nd October.

I was confused because everywhere it was mentioned after 01st Oct and that seemed to be 02nd October.

[irv3901]

any idea on whether i get new I94 if go to mexico??

[chandchak]

Leap frog

Hi txh1b,

I had travelled to canada on 30th evening and came back on 01st Oct morning.
At the POE in canada I was issued a new I-94 with L1B status.

Will you call this a successful leap-frog ?

I have couple of questions -

1) Will my H1B be cancelled(by USCIS) due to this? Can I go back to india and get H1B stamping using the approval notice that came with the H1B to come back next year.

2) Can I cancel my H1B myself ? Like say go to USCIS and request them to cancel my H1B.

Thanks

[chandchak]

Leap Frog

Hi,
Txh1b and other senior members.

Could you please reply to my questions.I am a little worried.

Thanks

[C4us]

You are in L1B status based on you latest I-94.

You may still use H1B at a later date as long as your employer still has a job for you.

[chandchak]

Thnks for your reply.

can that date be as late as say march next year or is there a fixed date by which i have to start using my h1b to keep it valid?


Thanks a lot to the forum and everybody for your immense help.I would have not known about leap-frog and would have faced lot of trouble without you people.

You are in L1B status based on you latest I-94.

You may still use H1B at a later date as long as your employer still has a job for you.

[chandchak]

Hello Senior Members,

I had done leap-frog this here with help from this forum and am on L1 status presently.I have few questions

1) Can my H1 employer(Employer A) file a L1 to H1 change of status now? Will the leap frog going to effect it ? Will I be able to stay in US once the L1 to H1 COS is applied (i have a I-94 valid till august)?

2) Can another employer (Employer B) file for a H1B transfer from Employer A? I do not have any paystubs from Employer A as I have not worked for him.Are their chances of rejection for such cases ?

waiting for your response.

Thanks a lot

[txh1b]

1. Yes. No. Yes, but cannot work past the L1 I-94 end date unless the H1b COS is approved. Once H1b is approved, you need to be paid from day 1 of COS.
2. Read the FAQs. You need paytubs to prove your *current* status. If you never worked or were never on H1b, what makes you think paystubs are needed?

[chandchak]

Thanks a lot for your reply.

[smgn19]

Retain L1

Hi

I am on L1 from Company A and my H1 COS got approved from Company B. I got new I-94 with the approved petition and effective date of Oct 1st 2009. Since I'm interested to continue on L1 working for Company A, I would like to do Leapfrog and retain my L1.

The two questions I have regarding Leapfrog is

1. Should I leave US only on September and return after october 1st? Or can I leave on July and return on August? (Planning to go on vacation for a month)

2. While returning I-94, should I return both I-94's (L1 and H1)?

Thanks in advance for replies

[JStone]

1. You should return to US after Oct 1st.
Read this - http://immihelp.comhttps://www.immih...of-status-faq/
2. You should return both the I-94s.

If you have further questions, please start a new thread.