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  • L1 to H1 change of Status

    I am currently working in US on L1 Visa thru Company "A".

    However, I got H1 petition (along with valid I-94) approval (change of status) from another Company "B".

    Now I have to go to India for two weeks personal trip next month.

    My question: Do I have an option to return back to US on my L1 visa or is it true that my L1B has been invalidated automatically (since I have got the H1B change of status)

    My L1B is valid till Oct 2010.

    Can I return back US on L1 visa? What will happen to my H1 change of status?

    Pls help

  • #2
    You have to understand that Status, Petition and Visa are 3 different entities often used to interpret thing in a wrong manner.

    Working on L1 past H1b COS approval is illegal and will cause serious problems later on. Your L1 petition is valid, your L1 status is invalidated due to a COS approval.

    Petition is something that the employer owns and can remain valid. You need a valid petition to re-enter along with an unexpired visa.

    You should travel out ASAP and stop working on L1 until you re-enter US on a L1 status again.

    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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