Current L1 and H1 COS

[sarah_n78]

Hello TxH1B,

I've a friend who is in the US working for company A on L1B visa.
She's got her H1 filed from company B in may 2008. His name was picked up in the lottery and processing started.
Company B applied with COS from L1 to H1. He came to know about it in Aug 2008 and at that time the H1 processing was pending.
So he travelled to India on Sept 10 2008 and came back to the US on L1B on Oct 10 2008 with new I94 because he wanted to work on L1B visa for company A.

After coming to the US on Oct 1 , he found that the H1B processing was pending. In Nov 2008, the employer B told him that he's got an RFE and need to respond to it. He wanted a few documents for the responding to the RFE.
The employer B responded and till date the status on the USCIS website shows "Response to the Request received and the procesing has resumed".

I've the following questions:

1) Can this RFE create any type of problems with his current L1B status ?
2) If the H1 is approved any time now, will he be automatically in H1B ?
3) If (2) is yes, what should one do to remain on L1B ?

I know the travel has void the H1 COS but just need an assurance from you. Sorry if the questions are repetitive in nature.

Thank you.

[txh1b]

1. No
2. No

Did the RFE ask for the latest I-94? If he provided the latest I-94 and the COS gets approved, then his L1 status would be at risk.

[sarah_n78]

RFE asked for paystubs and now the new I94.
Sorry if this sounds silly, is there any chance that the employer B will get my new I94 somehow ?

Let me know the status of my L1B.

[txh1b]

If the person provided the new I-94, there is a chance for the COS to go through and change the status to H1b.

The employer cannot get it on their own.

[sarah_n78]

Thanks, TxH1b.
My friends told he just scanned and sent his current pay stubs and did not send his new L1B I94.

I think he should not have any problem of illegal work / stay even if his H1B is approved, correct ?

[txh1b]

Have to be careful. He has to see if the approved H1b has an attached I-94 and if it matches his number, he is on H1. If not, he is not. As per USCIS, travel on a pending petition voids COS.

[sarah_n78]

What should one do to avoid the COS ?

[sarah_n78]

Should we ask for the withdrawal of H1B ?

[txh1b]

No, it will be fine.

[sarah_n78]

He has to see if the approved H1b has an attached I-94 and if it matches his number

If it's not too muchof trouble for you, could you tell me how do we find out if we get a new I94 with h1, then what should match ? Is it that the new I94 code or the dates ?

[txh1b]

The I-94 number on the I797A on the last entry I-94 from the airport, if it matches, it is a COS in effect. If not, nothing to worry.

[sarah_n78]

Thanks, TxH1B for being so patient with us.
He just now spoke to the employer who filed H1B, he said that my friend needs to write a letter / email that he is no longer interested in working for the employer and that it needs to be withdrawn.

Is the employer correct ? Should we email him ?

Is there any chance of this email / act being held against my friend ?

Please let me know.

[txh1b]

Talk to a lawyer if the approach suits their situation. Did s/he pay for the H1b? I think so.

[sarah_n78]

Okay. Yes he paid, unfortunately.
Do you think this will create any problems for my friend?

[sarah_n78]

Suppose, a COS happens, what should a person do to remain on L1B ?