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L1 - H1 transfer questions.

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  • L1 - H1 transfer questions.


    Here's my story.
    I came to the US Jan 07 on L1B visa for Company X.
    My L1B is valid till Nov 09.
    This year I filed for H1B visa through company B. I did not know that the employer has had applied with COS from L1B to H1B.

    The H1 visa was approved on Oct 18 2008. This is valid till June 2011.

    To void the COS, I travelled out of the US before Oct 01 and came back on Oct 12 on L1B with new I94 valid till Nov 09. I travelled when my H1 was pending. This is how I could void the COS to stay legally in L1 in the US.

    My questions are:

    1) Is there any problem in what I've done (the one that I mentioned above) ?
    2) Am I legally working in the US on L1B visa ?
    3) I've filed for L1B extn in June 09. Can USCIS send an RFE to L1 employer because I've a approved H1B visa ?
    4) Also, suppose before June 09, I try to transfer my H1 to current L1 employer, is this possible ?
    5) If Q4 is yes, then what is the best time to transfer for H1 ?
    6) If Q4 is yes, then will I have to file for my L1 extn in June 09 ?
    7) if Q4 is yes, then will I be in the H1 status till June 2011 ?
    8) I know, if Q4 is yes, and if I decide to take a vacation to my home country, I need to get my H1 stamped, correct ?

    Please let me know the answers to the questions. I know I've asked many questions. I hope you reply.

    Thank you for all the wonderful work that you are doing for all the immigrants.

  • #2
    1. No
    2. Yes
    3. Not due to H1b but RFE could be for any reason. H1b is a non issue here. Did you travel ahead on your time machine to June 09?
    4. Can transfer the H1b. No issues.
    5. NOW! Duh?
    6. Not if your H1b COS and transfer are approved.
    7. Depends on till when the H1b is requested and approved. Total for L1+H1 is 6 years.
    8. Yes, you know it.

    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.