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L1 to H1 COS

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  • L1 to H1 COS


    Hope I get some help in clarifying my doubts related to Visa. I came to US on L1 visa for an employer A. In January converted to H1 for an employer B as he holds my H1 approved papers of 2007. This conversion has happened and got approved on 21st Jan 2009. The approved documents I797 and I94 are with employer B. The employer B has not sent the offer letter also. He just transferred my L1 visa to H1 Visa.

    In this situation, employer B is not willing to give the documents and asking me to go back India with the I94 that I have attached with the L1 Visa.

    Please suggest me what to do.

    1. The L1 with employer A is finished on 29th December 2008 but my last pay check with employer A was run till Jan15th 2009 in order to give my arrears and leave encashments.
    The L1 to H1 COS is filed on Jan6th 2009 and got approved on Jan21st 2009. what will be my status during this duration.
    i. Jan6th - Jan21st its in conversion phase.
    ii. jan21t onwards its on H1.

    2. If I go to India now, will this duration of stay from January 21st and February is valid? how long I can stay like that before going to India.

    3. If it is not valid, what precautions need to be taken to make it valid.

    4. Is it compulsory that I need to have run paycheck with employer B from the date of approval of L1 to H1 COS.

    5. If it is compulsory till when I need to have paycheck before leaving to India. (I mean how many days I can stay after my last paycheck).

    6. My L1 visa with employer A is valid till 31st December 2010, can I go India and reenter US with L1 visa and having only approved H1 papers of employer B without H1Visa stamp.

    7. The above one is suggested by employer B to avoid the risk of stamping get rejected with H1B. Is this suggested?

    8. If I have to go India without having H1 Paycheck run from the duration of approval of H1B. What should I say when I go for H1b Visa stamping in India for that duration.

    9. Finally, Hope you understood my situation and what is the best way to overcome this situation. Please help me out!!!.

    Thanks & Regards

  • #2
    If it was a COS to H1b, your status is H1b and your work for employer A on L1 after the COS approval is illegal. There are a gazillion posts on the forum on the same subject. Read them.

    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.