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L1 in US with H1 COS Filed

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  • L1 in US with H1 COS Filed

    Hi All,
    Thanks to many folks for sharing so much information out here - I have been reading these and it has helped me understand the process much better.
    Prior to getting approved for L1 (back in Nov 2007), I had approved H1 B with a 221(g) (effective from Oct 2007). Post expiry of 221(g), (in Oct 2008) I now have filed for COS from L1 to H1 (based on the valid H1 Approved Petition from 2007).
    USCIS has approved it with begin date in Nov 2008. Based off other threads on this forum I understand my legal status is that of H1 as of Nov 2008. I also understand I need not travel to get my Passport stamped with H1 rightaway. Would someone confirm these assumptions or clarify if I am wrong?
    My questions are below,
    Even before I begin work on H1, is it okay for me to leave the US. Lets say I visit Canada, will I be able to get my Passport stamped with the H1? If yes, what all documentation do I require to have with me?
    With the job situation as it is right now, I am concerned about jumping out of my current L1 employer to search greener pastures on H1. I'd rather wait it out by going back to my home country and continuing work there for a few months - I do not want to wait the queue in my home country for the H1 stamping and hence this question (about getting stamped in Canada or Mexico)? Is it okay to get H1 stamped and stay out of the US for a few months? (under the peculiar situation I am at)
    Thank you for reading and if you have any information worth sharing, please do post here. Appreciate your help & efforts!!
    Regards,
    MN
    Last edited by MN7; 11-17-2008, 04:09 PM.
    Rgds,
    MN

    If you feel the above comment is outdated/invalid/incorrect, please correct me.

  • #2
    If a COS is approved, why do you need a H1b visa stamp right away? If you get a H1b stamp, L1 will be canceled most likely and you will be required to enter US on H1b.

    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.

    Comment


    • #3
      L1 Cancellation and H1 active status

      Thank you for the response txh1b. Appreciate it very much.
      From a few other posts I read, I had been thinking that an Approved COS (from L1 to H1 with a begin date of say Nov 2008) meant my H1 status was effective from Nov 2008 'automatically invalidating my L1 status'. Is this understanding flawed? Am I good to continue on L1 post approval of COS too (do I have to use the Leapfrog by going to say Canada/Mexico and re-entering USA on the L1 documents to do so)?
      Why I need a H1b stamp?
      To avoid going to the Consulate back home (owing to the bad experience I had with the 221g a year back at that Consulate) I would rather make a trip to Canada/Mexico, get my H1b on the Passport and then travel home with peace of mind. Isn't there even a remote possibility that the Consulate might still issue a 221(g) even this time? I thought there is; don't you?
      Regards,
      MN
      Rgds,
      MN

      If you feel the above comment is outdated/invalid/incorrect, please correct me.

      Comment


      • #4
        If H1 COS, L1 is status is void and you have to work on H1b past the COS date.

        Rest all is your choice.

        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.

        Comment


        • #5
          Thx!!

          Thank you txh1b !!
          Rgds,
          MN

          If you feel the above comment is outdated/invalid/incorrect, please correct me.

          Comment


          • #6
            Its all about the Law

            Hi txh1b,
            I found CFR 248 on the following link

            Though it says an alient should maintain the new classification it does not say anything specific about the date. Is there another section or sub-section or is it left to the attorney's interpretation & the general public common sense to figure that out.
            Guess you are 100% correct. Thank you for your guidance!!
            Rgds,
            MN

            If you feel the above comment is outdated/invalid/incorrect, please correct me.

            Comment

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