L1/h1

[jankivelu1969]

I applied for H1B through Employer A in April 2008 and it is still in pending status. In the mean time I got a L1 through my current employer in Mid September '2008 and came to USA in Mid October '2008. Suppose if my H1B gets approved, do I automatically lose the L1 status even though the approved H1B is new and not a Change of Status. In otherwords, does my H1B approval makes me illegal to work on my L1 visa and forces me to work for the H1B employer.

You reply is greatly appreciated.

Thanks

[txh1b]

If it is not COS (which is apparent as you were not in US when it was applied), you can continue on the current status.

[jankivelu1969]

L1/h1

txh1b,

Thank you so much for your Quick Response.

[jankivelu1969]

L1/h1

Hello txh1b,

I have another question related to this. After my H1B got approved, can I file for COS to change the status from L1 to H1?. Or I have to go out of the country to get the H1B stamped and enter the united states again?

Please advise.

Thanks

[txh1b]

Did you read the FAQs? Yes, COS is possible and you have to begin H1b work immediately upon approval of COS. You cannot work for L1 employer. No grace period.

[MN7]

Begin date in past

Hi txh1b,
What if the H1 employer gets the response of COS on say Nov 17 2008 with a begin date of Nov 12 2008? As the employee, I am notified of this approval only on Nov 17 2008 - what options do I have?
1. Leave L1 employer today (Nov 17 2008) and begin searching for a job on H1 status.
2. (Is this option possible, at all?) Leave US & return based on the L1 status?
Rgds,
MN

[txh1b]

1. What do you mean by begin searching for a job on H1b? You already have one with your employer. That is what the employer told USCIS that a job is awaiting you from Oct 1st. They need to pay you from the day of COS approval.
2. Possible. But you would have violated the status until you leave US which will come up later during the immigration process.

[MN7]

Thanks

Firstly, thank you txh1b for the response. My bad - I should have written it as 'Searching for a Project' and not 'Searching for a Job'. Apologize.
The best way to prove that I am working on the H1 Status with the H1 employer is the pay stub, right? If I obtain pay stubs it is enough for the later part of the immigration process or do I have to travel outside US to ensure nothing gets screwed up later.

Also, the L1 to H1 COS in this case will not necessarily be with a begin date of Oct 1 - since the person had a H1 Approved as non-COS and then files for a COS. It will be based on the date on which the Amended Form I129 is filed with USCIS and whether or not it is a Premium Processing - is this correct? This is what happened to me. And is the reason I want to know what is the best way to prove (at a future date) that I indeed started working for my H1 employer from the start date provided on the COS Approval.

[txh1b]

Getting a pay stub by any other means other than working for the employer is illegal and constitute various degrees of fraud. Involves immigration, tax and financial fraud and is a felony. IRS and ICE will get you.

[MN7]

Oops

I'm trying to understand how to prove that one has indeed switched employers from the L1 to H1 - just the pay stub is good enough? No thoughts of fraud and definitely no intentions of facing felony charges
I ask this since there are many instances where H1 employers are reluctant to provide a pay-stub for the bench period - in order to prove I had no bench period the only and the best way is using the pay stub and being on the payroll of the employer - that is my assumption (which I was trying to validate) - that's it.

[txh1b]

I ask this since there are many instances where H1 employers are reluctant to provide a pay-stub for the bench period

If employees stood up for their rights, that will not happen. DOL has given enough rights to complain on a WH4 form and Neufield memo also allows for a transfer to a new employer with such action.

[MN7]

Your thoughts?

I read somewhere on this forum that if one is on H1 one must have a pay stub. I found this on USCIS

Q : Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


Does this mean USCIS expects a H1 worker to get paid while 'on strike' or on maternity/paternity leave? What about when 'otherwise inactive' but still maintain a Employer-Employee relationship - that relates to the bench situation and the CIS suggests that as long as the Employer & Employee have an understanding the H1 status is valid - dont you think?

[orion]

Why do you think 'otherwise inactive' refers to being on bench? Because it favors you and your situation?? 'Otherwise inactive' can be anything BUT bench

Benching is illegal.

http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf

[MN7]

Nice

Thanks Orion - that was all the information one needs.