L1-h1 Cos

[sathyabh29]

Hello,

I am working for comp "A" on L1 and got H1 COS from comp "B". I am still continuing on L1 and would like to be on L1 till March 2009. Later, I will change it to H1. What should I do to retain my L1 now. Since my H1 is change of status, I think my status already changed to H1 from october 1st. I want to be on L1 now. Can I go canada and come back on L1? Can I do this?

Any suggestions on this is highly appreciated.

[txh1b]

Travel to Canada does not get you a new I-94. Your home country is better. You have already accumulated illegal and unauthorized work along with being out of status on your H1b.

[sathyabh29]

L1 to H1 change of status

Ok.

I am not getting leave to travel to my home country(India). I thought I can go canada and come back on L1 status. Can you suggest me some good option to retain my L1 status?

Is there anything I can do change of status from H1 to L1?

[txh1b]

Your employer has not legal right to employ you now and you are talking about not getting time off? Are you crazy or you don't get the importance of this thing called "your" status?

[sathyabh29]

I understand. Even my health is not in a condition to travel to India.

My question is: If I travel to India next week. Can I come back again on L1.

or can I go India in december? or is there something I can COS from H1 to L1?

[txh1b]

There is nothing you can do while in the US unless you want to work on H1b.

Even if you travel, if your unauthorized work is caught, you will not be let back into the country. You do not seem to get the seriousness in this and you talk about continuing till December? Illegal, plain illegal.

[sathyabh29]

Ok. Can I travel to India next week and return back on L1?

2) In future, how can I work for H1 employer

[txh1b]

Yes, if they let you in and you have a valid L1 petition and visa.

2. H1b employer has to file for a COS one more time by amending the petition when you are ready to work on H1b or you go outside and get a visa stamp.

[hikes]

Even I'm on L1 in the US and applied for H1. The H1 consultant aopplied with COS and I was not aware.
Suddenly something came to my mind and I started enquiring about H1 that is when I came to all these issues.

My H1 is still peding but to void the COS, i travelled back to my home country for a fortnight.

Now, even if my H1 gets approved the COS will not take place because I travelled on a pending case.

If I want my H1, I have two options:

1) Go to home country, resing from L1 job. Get the H1 stamped and come back to the US and start work on L1
2) Apply for COS whenever I'm ready for H1.

Option # 1 is the best option since it's my wish.
Option # 2 is risky because we do not know when exactly the COS would happen. The moment COS is approved, L1 will be invalid for me and I'll be on H1 automatically. This is uncertain.

Moral: Please keep your eye, nose and ears open with issues related to Immigration. One wrong decision / mistake can destroy for career.

Best wishes.

[txh1b]

1) Go to home country, resing from L1 job. Get the H1 stamped and come back to the US and start work on L1

You mean start work on H1, right?

Moral: Please keep your eye, nose and ears open with issues related to Immigration. One wrong decision / mistake can destroy for career.

[sathyabh29]

I have valid L1 petition and L1 stamped on my passport. My L1 is valid till Dec 2010. Why should I go for H1 stamping again when I want to return on L1?

Can't I do this by traveling Canada? I just need to be out of country and return on valid visa.

[hikes]

Sorry ... yes, It's H1.

[sathyabh29]

Hikes,

Your answer is to my question? If so, I am sorry but I am confused. Could you elaborate your answer.

Txh1b reply will be greatly appreciated

[sathyabh29]

Hello Txh1b,

I have few more information. I initiated the H1 process when I was in US(Feb 2007) and March 2007, I went to India and sent all my documents from India. My H1 employer filed my H1 when I was in India. I return back US on April.

Here are my questions:

1: I read in this forum that H1 COS is voided if I am out of country.

2.I applied my H1 when I was in India. I went on March and returned back on April 14(I think H1 filing date was April 1st week)

3. How did I get H1 along with I-94 attached.

Pls advise

[txh1b]

Does the I-94 number on H1b match your latest I-94 from the airport?

A COS is void if you travel after it was filed and before it gets approved. USCIS sometimes does not check the validity of the I-94 at the time of approval.

Clearly summarize all of your details in your next post along with timeline of what happened and when for a quick re-cap.