L1 to H1 out of status

[prav123]

hi, here is my issue
i came to US on aug 2007 and applied for H1 change of status same month. it got approved and effective from oct 2007 with new I94 (exp date sep 2010). but i worked on L1 until July 2008 (L1 i94 exp date was aug 2010). i started working on H1 starting 2008 aug. is that duration between aug 2007 and july 2008 i am out of status? i read many articles but havent got into any conclusion.

i am planning to go to india by end of the month (may 2010) and need to get H1 visa stamped as well. will it affect my chances of getting the visa. how does it affect me in future H1 extensions (my H1 is expiring in sep 2010. new to apply for extension) and when i apply for green card. should i stay back in US and apply for extension. if USCIS come to knw abt that will it be issue. how can i fix the issue. what is best option available for me now.

i have one more issue. i work in san francisco but my lca says irvine,ca which is 480 miles from my place but same state. how can i fix my issue. i called my employer and he said may be that is done by mistake. i dnt believe him but is there any way i can fix this issue. i can get new lca but wanted to know if in US consulate asks me abt that as my new lca date start date would be new date when i got it

any info would be highly appreciated.

[shervin143]

i came to US on aug 2007 and applied for H1 change of status same month. it got approved and effective from oct 2007 with new I94 (exp date sep 2010). but i worked on L1 until July 2008 (L1 i94 exp date was aug 2010). i started working on H1 starting 2008 aug. is that duration between aug 2007 and july 2008 i am out of status? i read many articles but havent got into any conclusion.
>>> Yes, you were out of status on H1B from Oct 2007 until July 2008. Not only that, your employment with the L1 employer was illegal.

i am planning to go to india by end of the month (may 2010) and need to get H1 visa stamped as well. will it affect my chances of getting the visa. how does it affect me in future H1 extensions (my H1 is expiring in sep 2010. new to apply for extension) and when i apply for green card.
>>> Hard to predict. It totally depends on the VO. If he/she digs a little more, they would figure it out. Same with the GC. If they check all your W2's, then they can easily figure it out.

should i stay back in US and apply for extension. if USCIS come to knw abt that will it be issue. how can i fix the issue. what is best option available for me now.
>>> I don't think there is a way to fix what has happened. But you can try an immigration attorney.

i have one more issue. i work in san francisco but my lca says irvine,ca which is 480 miles from my place but same state. how can i fix my issue. i called my employer and he said may be that is done by mistake. i dnt believe him but is there any way i can fix this issue. i can get new lca but wanted to know if in US consulate asks me abt that as my new lca date start date would be new date when i got it
>>> This is a big NO NO. The company should have filed your LCA for the location that you work. You should ask your company to file a new LCA and get it approved before you go for the stamping.

[prav123]

thanks for the response.

i heard if i go out the country and come back again it will be all fine
as usics will check for out of status for their most recent admission to the U.S.

is that true?

[shervin143]

May be it's okay with USCIS while filing the extension. However, consulate and GC processing are different. They may check all the past records and they may ask for documents to support your claim.