H1 - Got receipt but H1 not approved

[hikes]

Hello,

I'm working for company A on L1B visa and this year I applied for H1B with COS through company B.

After pestering company B several times, they gave me the receipt number of my H1 that USCIS gave them.

When I go to the USCIS website, I still find that my case (H1) is pending for approval. I know that all new H1 should and do get approved before Oct 01 of a year.
In my case, I see the status still pending. When I spoke to company B, they told me it may take even Nov, Dec or Jan also to approve my H1.
It all depends on USCIS and nobody can do anything.

My questions are:

1) Is it possible that the new H1B approvals happen even after Oct 01 ?

2) I'm on L1B in the US so want to continue on L1B even after my H1 is approved. I'm planning to do leap frog, keeping in mind that my H1 will get approved before Sept 30. If my H1 does not get approved before Oct 01, then what should I do. I do not know the definite date as USCIS never disclose the dates. Could you clarify ?

3) If I do not join employer B after 1 year I get my H1 and continue to work for company A on L1B visa, is it possible that USCIS or DOL will question employer B to give explanation about why the beneficiary is still not working on H1 ? Will it create problems ? If yes, please let me know.

4) On what event can my employer choose to revoke my H1B ?

5) What are the implications of my travel during pending H1B visa ?

Thank you.

[hikes]

TxH1B, could you answer my questions ?
Thank you.

[C4us]

Hello,

I'm working for company A on L1B visa and this year I applied for H1B with COS through company B.

After pestering company B several times, they gave me the receipt number of my H1 that USCIS gave them.

When I go to the USCIS website, I still find that my case (H1) is pending for approval. I know that all new H1 should and do get approved before Oct 01 of a year.
In my case, I see the status still pending. When I spoke to company B, they told me it may take even Nov, Dec or Jan also to approve my H1.
It all depends on USCIS and nobody can do anything.

My questions are:

1) Is it possible that the new H1B approvals happen even after Oct 01 ? YES

2) I'm on L1B in the US so want to continue on L1B even after my H1 is approved. I'm planning to do leap frog, keeping in mind that my H1 will get approved before Sept 30. If my H1 does not get approved before Oct 01, then what should I do. I do not know the definite date as USCIS never disclose the dates. Could you clarify ? If COS is approved, the I-94 will have date.

3) If I do not join employer B after 1 year I get my H1 and continue to work for company A on L1B visa, is it possible that USCIS or DOL will question employer B to give explanation about why the beneficiary is still not working on H1 ? Will it create problems ? If yes, please let me know. You will have to prove job is still open.

4) On what event can my employer choose to revoke my H1B ? Employment is "at will." Employer can revoke at any time for any reason.

5) What are the implications of my travel during pending H1B visa ? COS is abandoned and you will require stamping to work on H1B.
Thank you.

See above.

[txh1b]

If you want to continue on L1, travel now and re-enter with a new I-94. That would void the COS but the H1b continues to get processed as usual.

[smilejegan]

Hi thxh1b,

I heard that, sometimes even after the travel (while COS pending) the COS will get effect on H1B start date after the approval. Also if we travel USCIS sent something like RFT to H1B sponsor and if they explain it then it will (COS) get approved..is it correct?

pls help..as my petition with COS is still pending and am travelling to Native on this month end and returing back on Oct third week to void COS.

Thx for your help!!

[hikes]

Yes, I'm leaving US on Sept 16 and will come back on Oct 16.

But if my H1 gets approved on Sept 15, then i know for sure, I can continue to work on L1 even after I come back to the US on Oct 16.

But if my H1 does not get approved before Sept 16, then can I still continue to work on L1 B after I come back to the US on Oct 16 ? I think yes, it will void the COS from L1 to H1.

Please confirm.

[txh1b]

Hi thxh1b,

I heard that, sometimes even after the travel (while COS pending) the COS will get effect on H1B start date after the approval. Also if we travel USCIS sent something like RFT to H1B sponsor and if they explain it then it will (COS) get approved..is it correct?

pls help..as my petition with COS is still pending and am travelling to Native on this month end and returing back on Oct third week to void COS.

Thx for your help!!

Unless USCIS asks for your new I-94 in the RFE, there is no way a COS can get approved by means of a RFE.

If I-94 is requested in a RFE, you could choose to say that you are okay with consular processing.

[txh1b]

Please confirm.

You can work on the status that you entered last on after Oct 1st if your COS is voided by travel.

[hikes]

Thank you, TxH1B. Your help to this forum is greatly appreciated.

I've not informed my new H1B employer that I'm going for "leap frog" to save my L1B.
Could you tell me if I should inform him or not ?

Will he create problems ?

Also, could you tell me if in future an RFE is received from USCIS by the H1B employer, what should my role me in this case ?

[txh1b]

Your new employer has got nothing to do with your decision. All they can do is to revoke your H1b if they want to but that does mean it will prevent you from using that H1b with another employer at a later date unless that H1b is already approved once.

I feel no necessity for them to know. Depends on the RFE as to what your involvement should be.

[irv3901]

hi mine is with L1 to H1 (COS)..i want to do leapfrog..is it ok if i go to mexico or canada and get a new I94??