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  • H1 Cos to L1 queries

    Thanks a lot guys for your help to answer my previous questions.
    I have some more doubts and i need your help one more time.
    My case :-
    I came to US on L1 B and then I applied H1 and It got approved. As H1 employer filed COS and my status got changed to H1 from L1 B from 1st Oct onwards.
    But Still i am working for L1 Empoyer. I have following queries...
    1.Now I want to stay with L1 emplyer. What should i do ?

    2. Somewhere i read that reenter US can change your status back to L1. Is it true? If yes then till what date after 1st Oct 2009 we can do the same process to change my status to L1 because to enter in canada i have to apply canada visitor visa and some other formalities to follow and because of hectic work schedule is it ok if i go to canada around 15th oct 2009 ?

    3. I didn't tell my L1 employer regarding H1. So if i change back to L1. Will my L1 Employer get notified about the change ?

    4. This 15 days illegal work (i.e. 1st oct to 15th oct 2009) can impact me in the future like in GC/H1 B extension ?

    Thanks in advance.

  • #2
    My case :-
    I came to US on L1 B and then I applied H1 and It got approved. As H1 employer filed COS and my status got changed to H1 from L1 B from 1st Oct onwards.
    But Still i am working for L1 Empoyer. I have following queries...


    1.Now I want to stay with L1 emplyer. What should i do ?

    >>>>>> Leave the country and return back in L1.


    2. Somewhere i read that reenter US can change your status back to L1. Is it true?

    >>>>>> Yes, provided you enter back in your L1 visa.

    If yes then till what date after 1st Oct 2009 we can do the same process to change my status to L1 because to enter in canada i have to apply canada visitor visa and some other formalities to follow and because of hectic work schedule is it ok if i go to canada around 15th oct 2009 ?

    There no such date. Your employment with the L1 employer is now illegal since your status has changed to H1B. You should start working for your H1B employer or change your status back to L1 asap.


    3. I didn't tell my L1 employer regarding H1. So if i change back to L1. Will my L1 Employer get notified about the change ?

    >>>>>> No.


    4. This 15 days illegal work (i.e. 1st oct to 15th oct 2009) can impact me in the future like in GC/H1 B extension ?

    >>>>>> Won't be too bad if you act immediately. Try not to take too long to get back into the right status.
    Last edited by shervin143; 10-07-2009, 11:43 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by helpseeker1983 View Post
      4. This 15 days illegal work (i.e. 1st oct to 15th oct 2009) can impact me in the future like in GC/H1 B extension ?

      Thanks in advance.
      Will likely impact during GC unless 245 (k) is invoked if questioned.

      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.

      Comment


      • #4
        Thank you shervin143 for taking some time out helping me.
        May God bless you !

        Comment


        • #5
          Hey txh1b,

          Thanks for replying. But i dont know about 245 (K) and please let me know what i can to do to avoid that situation.

          Comment


          • #6
            Pls Help...Its Urgent

            As per experts comments I should leave country and come back on L1 to be on right status. For that I booked the tickets from US to canada and back in 2 days. But I got suprised when Airlines didn't take my I-94 while leaving US because for less than 30 days they wont take I-94 . So for the main work I went, was not done.

            I have following questions :

            > If i say trip will be more than 30 days Will airlines ask for more evidence like Employer letter to show you will be on vacations somthing like that.
            >Is there any way to give I94 on short trip to canada
            >Any other country where i can fly and come back with my work done and not so expensive like booking india ticket now which is starting from 2500 $.
            > Can i file amendment converting H1 back to L1 while be in US. If yes what is the procedure and time taken for that ?
            >Like you said in H1 COS state Employer can defer employment for 60 days. In that period, what can an employee do in that period like can he work with L1 employer in this period.

            I would appreciate if experts could answer my queries ASAP.
            Thanks in advance.

            Comment


            • #7
              You should have done your research that trips to Canada for less than 30 days does not get you a new I-94.

              You should fill out and try to get a new I-94 in Canada at pre-boarding inspection. If not, your travel is a wasted effort.

              I would suggest fill out a new I-94 at exit in Canada, get a new I-94 and returning the uncollected I-94 by following the procedure here.

              Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection


              You may have to talk about the COS and this will all make your questioning hard.

              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.

              Comment


              • #8
                Thnaks Guys,

                Now i know my canada trip is a waste. So if you could answer my previously submitted questions, I would appreciate that.

                Comment


                • #9
                  Ask your lawyer. Is there an admitted stamp with L1 status stamped on your PP when you recently entered?

                  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.

                  Comment


                  • #10
                    Thanks for the reply.

                    There is no stamp on my passport while I have reentered US from Canada because my I94 was not renewed. Now I have some questions :-

                    If i go to India and come back with L1 B docs :--

                    1> 100 % surity that new I 94 will be issued ?
                    2> In case of new I 94 my status will be changed back to L1 ?
                    3> If i have to go back to H1. Can my same H1 employer file COS from L1 to H1 back ?

                    4> I have heared that Visit bahams too can solve the problem. Which one will get less time ..going back to india this weekend or bahamas formalities like visa etc. ?

                    Comment


                    • #11
                      1. If you are allowed to enter US, they have to issue you a new I-94.
                      2. If you enter on L1 and the IO lets you to enter the country.
                      3. Did you read the FAQs? Yes.
                      4. You decide.

                      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.

                      Comment


                      • #12
                        Thank You experts for the Help,

                        I have booked the tickets for india and i am going this weekend. I just want to know that if i come back with L1 documents and enter POE, Will there be any problem because IO system will show that this person is on H1 and now he is showing L1 papers.

                        If there may be some issues then please guide me with the path too.

                        Again thanks a ton for your time.

                        Comment


                        • #13
                          I would appreaciate if experts could answer my question coz I am flying on coming Friday....

                          Comment


                          • #14
                            Once a person leaves the country, there is no status that one holds if the I-94 was returned.

                            The fact that L1 and H1 are there exist as petitions. The person has the choice to enter on whichever status they choose to if both are active petitions. You are just unnecessarily complicating things. The stuff you need to worry about is your illegal work and stay after a COS on L1. That could cause potential problems anytime in the future.

                            I am done here.

                            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.

                            Comment


                            • #15
                              Thanks txh1b for your time,

                              yes, you are right...I am making things complicated. Now i can go to India and come back tension free. Thanks again....

                              Comment

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