Current L1 and H1 COS

[txh1b]

Treavel out and re-enter immediately with a new I-94.

[sarah_n78]

Thanks. COS can happen anytime. It takes time to ask for vacation and then come back.

We are thinking on withdrawing the H1 ? Is it safe to do now ?

The COS happened withour our knowledge, can we take some legal action against the employer and yes, we paid for the H1.

[txh1b]

First of all, paying for H1b is illegal. Just because one paid for a H1b does not give them any additional right on it.

What is the legal action that you want to take? Unfortunately, a H1b is employer's petition and they can do anything with it. You can ask that they revoke the H1b but that does not mean USCIS could look at it prior to the approval of H1b.

In ths instance that the H1b COS gets approved first and then USCIS looks at the revoke letter and revokes the H1b, the person will be ILLEGAL without any status.

But as long as the person travelled on a pending COS petition and has not provided the new I-94 the likelihood of COS is very very slim to none.

This is a wasted H1b that someone else could have used it in 2009!

[sarah_n78]

What is the difference between "revoke" and "withdraw" ?

Also, do you think getting the H1B visa approved is the best thing that one can do now ?

[txh1b]

revoke - cancels an already approved petition.
Withdraw - results in the stopping of processing of a pending petition.

Both result in the same in most cases.

[sarah_n78]

Thank you so much, TxH1b!
So what should our strategy now be ? just wait and watch ?

[sarah_n78]

Thank you so much, TxH1b!
So what should our strategy now be ? just wait and watch ?

TxH1B, could you answer ? I know we are really bugging you. Sorry about it.

[txh1b]

Yes. Just wait.

If you need a boost, read this thread.

http://www.immihelp.com/forum/showthread.php?t=59556

This thread has 22 posts while the issue being discussed is not worth it.

[sarah_n78]

Attorney said:

a) In 95% if the cases, travel during the pending petition, voids the COS. So there is very little chance of H1 coming with a new I94.
If the H1 comes with a new I94 (with COS), please go out of the US and come back on L1B with a new I94.
OR
b) As the L1 employer to file a COS from H1 to L1.

But our question is, we know the a COS will put him in H1 directly. He has to book tickets, ask for leaves and then go out of the US.
It may take a week or two.

1) So during this time, will it be illegal working on L1?
2) Can illegal work on L1B be caught when one files the L1 extn ? If yes, then what should one do ?

This is the last question. Thank you again !

[txh1b]

1. Yes
2. No solution other than leave immediately.

The attorney suggestion is inline with what was discussed on this thread. Only difference is this thread is free while he might have cost you $$$

[sarah_n78]

Another question ! I know, I promised you that I'll not ask anymore questions but just a query:

Since the H1 processing is still pending with the USCIS, can my friend go out of the US this weekend and come back after a month on L1 with new I94 ?

There are two things that could possibly happen:

1) H1 might get approved with COS when he is out of the US. In this case the COS gets void.

2) H1 might get approved after he comes back. In this case the risk remains the same of getting the H1 approved with COS.

Is this correct ?

[txh1b]

If the L1 is valid, one can travel anytime if they don't care about the pending petition.

[sarah_n78]

Thank you.
So even if the H1 gets rejected, it will have not impact on the L1B visa, correct ?