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L1 to H1 Change of status -- Urgent please suggest me

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  • L1 to H1 Change of status -- Urgent please suggest me

    Hi,

    I am working in US in L1 for company A. My L1 is valid till may 2010.

    Now I have applied for H1 through company B for change of status, and it got approved with effective date as Nov 30, 2009 till dec '10.

    My current company has sow with client till 31st dec, 09. I was planning to continue with company A till 31st Dec '09. Can I do that legally?

    I was planning to go to India in the 1st week of Jan '10 and get my H1 stamped, but till that time I will not have any pay check from company B, although I have the sow for the year 2010 with the client for company B. will they ask for pey check from company B while stamping?

    If I don't go to India in Jan and I join company B starting from Jan 1, '10, will there be any problem. Please suggest me what whould be the best option for me.

    Thanks in advance.

  • #2
    Your employment with Company A after November 30th 2009 is illegal since you status is no longer L1. You should be working for Company B now and should get paid. Of couse they will ask for the pay slips from Company B when you go for stamping. If you don't have pay slips from Company B, then you are out of status on H1B and that will cause issues in stamping. If you wish to continue with Company A, you need to leave the country immediately and return back in your L1 visa to reinstate the L1 status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin for the information.
      If I reinstate my L1 status, then I need to again apply for change of status for H1 right? Can I use my current H1 COS approval afetr that?
      Last edited by sukanta83; 12-12-2009, 07:35 PM.

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