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Question about my status if applying H1 now

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  • Question about my status if applying H1 now


    I am currently in US on L1 valid till 2011 from employer X and there is employer Y who is ready to sponser my H1 for FY 2010 quota as visas are still available.

    My employer Y is interested in filing my Fresh H1 with copy of my current I-94(to show that I am currently in US).

    Employer Y says that if my H1 gets approved for example on 15th of Jan then I can serve my notice period of 2 months to my employer X(I am on L1 with x) and then join Y and then my employer Y will give me the new I-94 received for USCIS.

    Employer Y says that he doesn't need to do any processing any more with the USCIS once I jon them and there is no need to inform USCIS about my status change. Does it mean that I am already on H1 status. In such a case how much time I do have at my hand to join the H1 employer as I need to serve the notice period of L1 employer and complete my project.

    I am having doubts whether if I follow this then whether I will going out of my valid status.

    What options do I have if I want to join employer Y in 6-8 months time till that I want to work on L1 from now without going out of status and without going out of US.


  • #2
    Your employer Y is wrong. Since you are already in U.S he is applying for your H1B with COS. Your I-797 approval notice will come with a new I-94. The date you receive your approval notice, your status will change from L1B to H1B and you can no longer work for the L1B employer. If you want to continue to work on L1B after your H1B approval, then you need to do a leagfrog from H1B back to L1B. You can leave U.S immediately and return back on your L1B petition to get back into L1B status (Read more about LeapFrog in immihelp). Later when you wish to move back to H1B, ask your employer Y to apply for COS.
    Last edited by shervin143; 10-04-2009, 05:27 AM.
    Not a legal advice. Use of this information is strictly at your own risk.