pending H1 and future plans

[bhima24]

Hello,

Here's is story.
I first came to the US on Macrh 2007 on L1B visa. My L1 is valid till Dec 2009.
This year (2008) I applied for H1B visa through a consultant. He applied it with COS. My application was picked up in the lottery and went to USCIS for processing. Till today my application is pending with the USCIS per their website.
I asked the consultant to send me the receipt where I can be assured that the EAC number is mine. He sent me the scanned copy and I saw the number does belong to me.

To save my L1B visa and void the COS, I had to leave US on Sept 25 and I came back on Oct 06 on L1B visa with a new I94.

My questions are:

1) Now, if my H1 gets approved anytime after Oct 06, will it be a automatic change of status from L1 to H1 ?

2) I have the latest I94 of L1. Is this the latets one that the USCIS will consider ?

3) My consulatnt does not know about the travel. Will he receive any notice by USCIS ?

4) Will USCIS give me a H1 I94 without my notice?

5) Will USCIS create any problems for me ?

6) Will the consultant create any problems for me ?

7) What should my plan of action be given the fact that I want to work on L1B ?

Please reply. I'm tensed

[orion]

Hello,

To save my L1B visa and void the COS, I had to leave US on Sept 25 and I came back on Oct 06 on L1B visa with a new I94.
You did not need to do that and it was ineffective as your H1 was not approved till you did that.
My questions are:

1) Now, if my H1 gets approved anytime after Oct 06, will it be a automatic change of status from L1 to H1 ?
Yes
2) I have the latest I94 of L1. Is this the latets one that the USCIS will consider ?
What do you mean? consider for what??
3) My consulatnt does not know about the travel. Will he receive any notice by USCIS ?
No.
4) Will USCIS give me a H1 I94 without my notice?
No.
5) Will USCIS create any problems for me ?

6) Will the consultant create any problems for me ?
Ask them.
7) What should my plan of action be given the fact that I want to work on L1B ?
File for a COS after ur H1 is approved.
Please reply. I'm tensed

Consultant does not create problems until you or your employer is a problem.

[bhima24]

TxH1b, could you answer my questions ?

[txh1b]

1. No, Travel before the application is approved voids the COS.
2. No. It does not matter as the COS is voided due to travel.
3. No. They may ask for latest I-94 if they want to but they don't.
4. I797 will eithe come without the I-94 or with your old I-94 number which is no longer active.
5. Why?
6. It is between you and them.
7. Nothing.

[bhima24]

Thank you, TxH1B for your help !!!

I have the following questions:

1) I do not work for or join the H1 consultant. I want to continue with my L1 employer and I'm happy with it.
The L1 employer may file for the L1B extension on May 09. Will the L1 employer come to know that I filed for my H1 once upon a time ?

2) Can I ask the H1 employer to revoke my H1 after it's approved ?

3) What are the other options I have to avoid problems regaring H1 - L1 ? Just need your advice as you are an advisor. I might have skipped some points. Please bring it to my notice.
Do you see any problems with my immigration now ?

Thank you for your patience

[txh1b]

1. No
2. Yes. Doesn't mean you have lost the CAP. It is still yours.
3. Read the FAQs and be specific. It is hard to explain everything under the sun.

[bhima24]

Hello,

I've got the lastest L1B I94 with me when I entered US on Oct 06.
Is this the latest one or USCIS will send a new one when my H1 is approved ?

Also, will I have accumulated an illegal stay in the US if I do not join H1 employer when my H1 is approved ? I'm asking this because I've done leapfrog.

[txh1b]

If you returned on Oct 6th on L1, what is your problem? You remain on that status as travel voids COS.

[dpraprav]

Leap Frog might not be a success one

If H1 is still not approved, even if the person leaves out of US and reenter, I don't think the leapforg concept works out. So obviously, the reentry which you has done on Oct 6th, might not VOID your "to be approved H1 with COS". Once you get an approved H1 with COS, you no longer can work for L1 company. Rather you should start working for H1.

[bhima24]

Hello all senior members.
Is the point made by "Dpraprav" valid ?

Please help.

[txh1b]

If H1 is still not approved, even if the person leaves out of US and reenter, I don't think the leapforg concept works out. So obviously, the reentry which you has done on Oct 6th, might not VOID your "to be approved H1 with COS". Once you get an approved H1 with COS, you no longer can work for L1 company. Rather you should start working for H1.

Wrong! Travel on a pending COS voids the COS as the person would have returned the I-94 and gotten a new one upon re-entry. The H1b processing is not VOID but the COS is.

To OP:

How many times should one confirm it if you are ready to get confused by a poster who has 2 posts?

[bhima24]

Thank you TxH1b.
Actually, this visa related issues / problems are so critical tha one wrong decision or step can break a career so wanted to double check.

Thank you for all your help !!!