What if I don't do a leapfrog: L1 to H1 COS?

[kpulkit]

Hi,

I am presently working on L1-B visa with employer X and got my H1-B approval (COS) from employer Y. I need to continue working on L1 for employer X for another 2-3 months. In that case, I understand that I need to do a leapfrog and get a new I-94. I have a couple of questions:

1. What happens if I don't do a leapfrog now? I am anyways going to India in december for a vacation...so woudn't it solve the purpose?

2. What can be the worst repurcussions of not doing a leap frog in this situation? Can I do a leapfrog after october 1st...I mean at my convenience sometime in october?

Thanks
rock11

[C4us]

It cannot be done at your convenience. It must occur at Oct 1 or present yourself at H1B employer on that date. If you don't you will be working ILLEGALLY for yopur L1 employer.

Just do it!

[kpulkit]

Hi,

Thanks for the reply. But I was just wondering what happens if I leave the country in mid october and get back with a new I-94 in a couple of days? I'll still have a new I-94 which would point to L1...correct? Then what is the problem in this? I understand that I'll be working illegally for 8-10 days but what can be the repurcussions for the same?

Thanks
rock11

[kpulkit]

Another question to supplement this is:

=> Is there any alternative to doing a leapfrog?

Thanks
rock11

[hikes]

It will be a problem if you illegally work with your L1B employer after Oct 01.
As of now nothing will happen. They'll verify all your records and when they start your green card, this question will definitely come and will be a great problem !!!

[kpulkit]

Hi,

Another question to supplement this is:

=> Is there any alternative to doing a leapfrog?

Appreciate a reply please.

Thanks
rock11

[txh1b]

Alternative is to work for the H1b employer from Oct 1st.

[kpulkit]

Hi TXH1B,

Is there any probability that if I go to canada to do a leapfrog, they can stop me from re-entering US on L1, as my status (as per their records) would be H1 at that point in time?

How much risk is involved here?

Thanks and appreciate your help so much.
rock11

[txh1b]

I think you do not understand some basics about immigration law. I would suggest that you schedule a 30 min consultation with an attorney and clear up all your doubts.

Your status is what you maintain. Them showing H1b on their system is possible, it does not matter. It matters only if you choose to enter on a H1b. If you choose to enter on a L1, it will not be a problem as it is your choice. CBP does not force you to enter on a particular status. It rather verifies that the status that you want to enter on is possible or not.

Only problem is the contiguous territory rule that may not get you a new I-94. Travel to home country and return guarantees a new I-94 for sure.

[kpulkit]

Thanks a lot again sir. some more botheration for you...

1) I heard if I go to canada by air, I'll surely get a new I-94 but it may not be possible if I go by road. Is it true?

2) I have two I-94 cards, one which I got on the port of entry, and another one came with my H1-B approval notice. Which one should I present to the immigration officials if I go to canada/ India?

Thanks
Rock11

[txh1b]

Have been answered over and over again. Check the forum.

[kpulkit]

Hi TXH1B,

Please guide me on the same...

Thanks
Rock11

[kpulkit]

Hi TXH1B,

I am looking for answers to these questions:

1) I heard if I go to canada by air, I'll surely get a new I-94 but it may not be possible if I go by road. Is it true?

2) I have two I-94 cards, one which I got on the port of entry, and another one came with my H1-B approval notice. Which one should I present to the immigration officials if I go to canada/ India?

Thanks
Rock11

[txh1b]

1. Depends on the boarding agent. Some check the return date (if a round trip) and do not collect the I-94. Happened to me.

2. Return the one that your status indicates. As you would not have entered on H1b, that I-94 is useless until Oct 1st. But both have the same number. returning one closes your record with CBP for that #.

[irv3901]

Hi Kulpit, iam in the same boat as ur in..i want to do leapfrog...
fianlly u decided what to do??