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  • L1-H1 post LeapFrog

    Hi,

    I have a L1 visa and got my H1 approved this year but since I wanted to continue on my L1 even after Oct 1st, I went for the leapfrog option. I left the country on Sep 17th to India. I re-entered on Oct 5th.
    I was issued NEW I94 which is valid till Jun 2009(L1 expiration date).

    Now I want to join my H1 employer from Feb 15 th 2009, what options I will have?

    1.I can go with new COS but my employer is saying it will take more time and money , so my employer is suggesting me to go with following option. I want to know is my employer is saying vaild?

    2.My employer is suggesting me to travel abroad to get H-1B visa stamping and come back on H1. In this case i want to know one thing, If my H1 gets rejected can I come to USA on my L1 and join the previous employer again.

    My plan is to travel abroad on Jan 15th, get H1 stamped and come back to USA on Feb 1st. After coming back to USA I will resign from my previous employer by giving 15 days of notice period and join new employer from 15th Feb. In this scenario I will working for my L1 employer from Feb 1st to Feb 14th even though I will be on H1 but I want to make sure if my H1 gets rejected I can come on L1 to join my previous employer witout knowing them. do you think this is good approach. If you suggest any other approach then that will be very helpful for me.

  • #2
    Originally posted by rohitmaha
    My plan is to travel abroad on Jan 15th, get H1 stamped and come back to USA on Feb 1st. After coming back to USA I will resign from my previous employer by giving 15 days of notice period and join new employer from 15th Feb. In this scenario I will working for my L1 employer from Feb 1st to Feb 14th even though I will be on H1 but I want to make sure if my H1 gets rejected I can come on L1 to join my previous employer witout knowing them. do you think this is good approach. If you suggest any other approach then that will be very helpful for me.
    You cannot do that. Once the H1b is stamped, your L1 will most likely be cancelled. Even if not, you can choose to enter in only ONE status. Either H1b or L1. If you enter on H1b, you cannot and SHOULD NOT work for the L1 employer even for a single day. It is ILLEGAL.

    You enter on H1b and begin work for H1b employer, period.

    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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    • #3
      Thnx for ur reply...

      If I go with COS option, how much time it will take to approve and will it count me against the H1 cap? Is there any premium proceesing option available for COS in my case?

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