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H1B COS and went back to India before Oct 1st

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  • H1B COS and went back to India before Oct 1st

    I got H1B approved in Aug 2008 with COS. I was on L1B till Sept 1st 2008. I went to India for new VISA L1A and entered to USA on L1A on 28th Sept. 2008 (POE in US with new I-94 valid untill 2011). In this case from Oct. 1st 2008 what will be my visa status? Is it H1B or L1A?
    If i am on H1B after 1st Oct. 2008 then i want to do LEAPFROG as mentioned in forum (going out of country on 30th Sept and coming back on 1st Oct.) as i want to retain my L1A status. If i go by air to Mexico will they issue me new I-94 against L1A? Please reply urgently as i have only tomorrow. You can also please email me on [email protected].

  • #2
    Was your H1b a COS from Oct 1st? If so, according to Efren Hernandez memo, your status still changes to H1b on Oct 1st and warrants a need to do leapfrog if you wish to maintain L1 status.

    Read the memo. The example says F1-H1 COS in the memo, but it is applicable to all status changes as per many prominent attorneys.

    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.

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