L1 to H1 COS queries...Pls Help...

[helpseeker1983]

Here is my case : I applied for H1 in Feb 2008 and it got approved this Oct . I was not aware that it was "with change of status" or "without change of status " and I am still working with L1 employer.

Today, I came to know that my consultant (H1 employer) applied change of status from Oct 1st itself with new I94 also. So,for the last few days (Oct 1 till today) I am on H1 but working with L1 employer.

When I checked with my H1 employer , they told me that you can join in 90 days and it won't create any problems in future. Provided I join H1 employer between that period. I am not sure whether he is telling the truth or making his own rules to save some money.

Want to know about following things
1. Can I work with L1 emp till I get a project with H1 emp. In that case what I have to do.
2. What if i move out of US now and come back, then I will be on H1 or L1. If I come back on L1 then what will happen to my H1 visa. Do i need to go through lottery again.
and IF i come back on L1 then can USCIS ask questions like why you were working on L1 after 1st oct onwards.
3. What if I change to h1 emp now...after 10 days. Any issue ?? Or there is some grace period.
4. H1 employer told me that you can Join till 1st Jan 2010 and keep searching projects in this period and for this period he would say that employee was on unpaid leaves. is it ok ?

Thanks a ton in advance.

[shervin143]

1. Can I work with L1 emp till I get a project with H1 emp. In that case what I have to do.

>>>>> You cannot work directly for the L1 employer anymore. Probably you can do a Corp-Corp with the L1 employer if he is willing to do that. Which mean, you will be a contractor working for the L1 employer (Termed as the client) and you employer will be your H1B company. L1 employer pays your H1b employer and you get your salary and pay stub from your H1b employer.

2. What if i move out of US now and come back, then I will be on H1 or L1. .

>>>>> If you go out of U.S and come back on L1, then your status will change to L1. you can continue to work with your L1 employer.


If I come back on L1 then what will happen to my H1 visa. Do i need to go through lottery again.

>>>>> Nothing will happen to your H1B. You don't have to go through the lottery system again. Anytime you can do a COS from L1 back to H1B.

IF i come back on L1 then can USCIS ask questions like why you were working on L1 after 1st oct onwards.

>>>>> USCIS won't ask such questions. Even if they ask, you can explain that you want to continue with your L1 employer. There is nothing wrong about it.


3. What if I change to h1 emp now...after 10 days. Any issue ?? Or there is some grace period.

>>>>> You are already with your H1B employer since Oct 1st. Whether you are working on a project for him or not is different.


4. H1 employer told me that you can Join till 1st Jan 2010 and keep searching projects in this period and for this period he would say that employee was on unpaid leaves. is it ok ?

>>>>> No. Since you were already in U.S when the COS happened, your Employer can defer his wage obligation by 60 days for COS case under the 30/60 rule. At the end of the 60 day period, you must be paid the prevailing wages listed in the LCA, regardless of whether you are in a project or not.

[roxcy]

L1 to H1 COS

I have a situation where on Oct 4 I came to know that my H1B is approved with COS. But I have already worked for L1 employer for past 5 days. I was reading in some of the forums that when H1B petition is approved with COS, L1 petition and visa stamp becomes invalid or is canceled. I am confused what is the correct answer.
Basically all I want to do is come back to L1 status and the attorney I contacted suggested me to travel outside US (say canada) and re-enter on L1. Is is a good and valid scenario? Also, do I need to surrender both I-94s (newly issued H1B and L1)

Thanks for your help. Quick reply is highly appreciated.

[shervin143]

The lawyer is right. Any employment with the L1 employer is considered as illegal employment and you are currently out of status on H1B. You should leave the country immediately and return back in L1B visa. By showing the L1 approval notice, you will get a new I-94 at the POE that will override the one that you received with the H1B approval notice. You should return all the I-94s (the one that you received at the POE and the one that you received with the approval notices) when you leave the country.

On short trips to Canada or Mexico, they will not remove the I-94s. They will ask you to use the same upon your return. In such case, the entire trip would be useless. You have to make sure that you return all the I-94s and get a new one upon your return for the "leap frog" to work.

I have a situation where on Oct 4 I came to know that my H1B is approved with COS. But I have already worked for L1 employer for past 5 days. I was reading in some of the forums that when H1B petition is approved with COS, L1 petition and visa stamp becomes invalid or is canceled. I am confused what is the correct answer.
Basically all I want to do is come back to L1 status and the attorney I contacted suggested me to travel outside US (say canada) and re-enter on L1. Is is a good and valid scenario? Also, do I need to surrender both I-94s (newly issued H1B and L1)

Thanks for your help. Quick reply is highly appreciated.