L1 to H1 with COS

[pals_sp]

Hi,
My wife got H1B (with COS from L1B to H1B) approved in July 28, 2008 for FY 2009. But we did not know until October 2008 that we got H1B with COS. In the mean time we have gone to India between Aug 28-Sep19 and came back and got I-94 based on L1.

Still she is working for the L1 Employer and we may go to India in six months from now. We are planning to use her H1B visa only in 2010, thinking that we can get stamp at that time. Can we do this? I have read some other post where people were discussing about H1 Cos and Violations. Will this affect us in anyway? Could any one answer me. Please...
Thanks,
Pals

[Subramanya]

My wife got H1B (with COS from L1B to H1B) approved in July 28, 2008 for FY 2009. But we did not know until October 2008 that we got H1B with COS. In the mean time we have gone to India between Aug 28-Sep19 and came back and got I-94 based on L1.

Still she is working for the L1 Employer and we may go to India in six months from now. We are planning to use her H1B visa only in 2010, thinking that we can get stamp at that time. Can we do this? I have read some other post where people were discussing about H1 Cos and Violations. Will this affect us in anyway? Could any one answer me. Please...

---- When your COS was approved from L1 to H1, the status has changed and your wife is expected to be on H1. By working for L1 company, you have violated the norms of H1.

---- Immediately see an immigration attorney about this status issue (your legal stay in US is not L1, but H1). confirm all this with an attorney and make immediate amendments to rectify your situation

Subramanya

[txh1b]

Efren Hernandez memo makes your status L1 even after travel and return prior to COS effective date of Oct 1st.

[pals_sp]

Thank you for all your reply. I read somewhere that we travel to Mexico or Canada and come back on L1. Is it possible even after 90days? or in any case the border officer refuse to to give I-94? please answer me.
Thanks in Advance,
Pals

[pals_sp]

Hi All,
I have contacted two attorneys and both said that my wife is on L1 status right now. Since we both have left USA and reentered before October but after applying H1B, it has abandoned H1B COS request. It seems that whoever applies for change of request must remain in USA until it's effective date. Otherwise the change of status request will be abandoned.
If my wife needs H1B status then there must be an amendment to her H1B petition. I am posting this reply because it might help some one in future.
Also i request whoever files H1b when on L1, they must have to request H1b Sponsor employer to do H1b CP instead of COS, if they are not ready to leave L1 employer immediately.

Thanks for the senior members whoever replied to my question.
Thanks again,
Pals

[txh1b]

No, the attorneys are wrong. Efren Hernandez memo specifically addresses the issue of travel after a petition has been approved. You did not travel on a pending petition but on an approved petition.