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Recently moved to H1 from L1

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  • Recently moved to H1 from L1

    Hi,

    I am very much worried about my status, i was in US on L1status, recently I quit the company where i am on L1 and started working for another company with I797B(with out H1 -i94) now my employer is saying that my stay in US On H1 is illegal.Either i have to go for H1 stamping or i should do the amendment(i-94) I797B to I797A

    Is my stay in US right now is illegal ?Pls let me know.

    Thanks

  • #2
    If you were on L1 and I-94 attached is not expired means you are still on L1. This is because your extension of stay was not approved by USCIS.

    Your employer is right. You will have to go out and get stamping. Amendment might end up on RFE so consult an attorney and take decision.

    Your stay is illegal because neither you eligible to work on H1 (no -i94)
    nor you are working for L1 employer as you have already quit.
    Last edited by itzprams; 07-13-2009, 11:08 PM.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      Hi,
      Two months ago i went to my home country, got H1 visa stamped and now i am in proper status.

      Now iam planning to start Green card processing 1)Does the unauthorized stay will effect my GreenCard processing ?
      2)I i try to do H1B transfer does that previous unauthorized stay will have any impact?

      Thaks in advance.

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      • #4
        Search and read about 245(k).

        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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