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L1 to H1 Change of Status not yet approved - Working without Payroll

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  • L1 to H1 Change of Status not yet approved - Working without Payroll

    My H1 got approved on October,2009 without Change of status. I left my previous employer whom I was working for last 1.5 year with L1 on December.

    I am working with the new employer from December 2009 without having any payrolls. My new employer is saying he can generate payroll only after my change of state (L1 to H1) got approved. Is it true?

    He applied for change of state on February and still its waiting for approval. So I am working for last six months without any payslips. I was not even able to switch Employer (via H1 Transfer) as I don't have pay slips yet. Can anyone advice me on this?

  • #2
    Your stay is illegal after you left L1 employer, because your H1 is not CoS.
    You're eligible to work on H1 only after CoS from L1 to H1 is approved.

    Leave US ASAP, and enter on a new H1 visa.
    Last edited by sk4ih; 05-20-2010, 04:42 PM.

    Comment


    • #3
      Actully my new employer applied for change state from L1 to H1, to avoid the risk going out and coming back to US as some times it may cause problem.
      But if I get approved my change to state, then it should be fine right?

      Comment


      • #4
        In addition the chances of a successful COS is very less since you are out of status since the date you left the L1 employer. As advised, leave U.S immediately, get the H1B stamped and return back.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          In addition the chances of a successful COS is very less since you are out of status since the date you left the L1 employer. As advised, leave U.S immediately, get the H1B stamped and return back.
          Thanks for advice Shervin. Though I left the L1 employer on December, my L1 was valid till April. I applied of COS (L1 to H1) on Feb. My COS approval was pending right. So still I will be considered out of status?
          Last edited by usergan123; 05-21-2010, 01:05 PM.

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          • #6
            L1 status is valid as long as you work for that employer.
            And you should have applied for CoS while still on L1. And when approved you'll be changed to H1 from approval date, and then you're employee of new company.

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            • #7
              Yes I agree that L1 is valid as long as I work with my L1 employer logically. But though I left my L1 employer early, he normally may not have sent notice to immigration right. So we say we worked for L1 employer till April (L1 validity) right unless payslips are asked for.
              Last edited by usergan123; 05-21-2010, 01:47 PM.

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              • #8
                You are not getting the point. Your L1 petition validity has nothing to do with your L1 status. To maintain your valid L1 status, you need to be working for the L1 employer and you need to have pay slips to prove that you have maintained your valid L1 status. Later in the year, when you receive your W2, that should prove the same. If you are in L1 status and no longer work for the L1 employer (meaning no pay slips) then irrespective of whether the petition is revoked or not, you are out of status on L1. When you are out of status on L1 (without the lastest pay slips from L1 employer), the chances of a successful COS is very less. Don't accumulate too many days being out of status, it will cause issues later when you go for stamping or when you apply for GC.


                Originally posted by usergan123 View Post
                Yes I agree that L1 is valid as long as I work with my L1 employer logically. But though I left my L1 employer early, he normally may not have sent notice to immigration right. So we say we worked for L1 employer till April (L1 validity) right unless payslips are asked for.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  You are not getting the point. Your L1 petition validity has nothing to do with your L1 status. To maintain your valid L1 status, you need to be working for the L1 employer and you need to have pay slips to prove that you have maintained your valid L1 status. Later in the year, when you receive your W2, that should prove the same. If you are in L1 status and no longer work for the L1 employer (meaning no pay slips) then irrespective of whether the petition is revoked or not, you are out of status on L1. When you are out of status on L1 (without the lastest pay slips from L1 employer), the chances of a successful COS is very less. Don't accumulate too many days being out of status, it will cause issues later when you go for stamping or when you apply for GC.
                  Got it. Since I got my H1 approved and waiting for COS, my stay is legal here right till that period?

                  Comment


                  • #10
                    If that is the case, then people who are in their home country who got their H1B approved should be able to travel to U.S without the need to get the visa stamped and without a new I-94. H1B approval doesn't have anything to do with your status. When you are inside U.S, I-94 decides your legal status. Since you don't have a valid I-94 for H1B (Since your H1B is approved as a Consular Process), you are not in H1B status. You have a valid I-94 on L1 but you no longer work for that employer, so you are out of status on L1. Like mentioned in all the previous replies, you keep accumulating out of staus on L1. If your COS to H1B gets approved (Less chance without latest pay slips), then you are all good. If not, you would have accumulated a lot of out of status period by the time COS gets denied which is going to cause issues later. Try and speed up the COS by upgrading to premium process.

                    Originally posted by usergan123 View Post
                    Got it. Since I got my H1 approved and waiting for COS, my stay is legal here right till that period?
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      L1 - h1

                      Currently I am with employer A with L1B status valid till Feb,27 2013 with I94 till feb27,2014
                      I will be leaving US on July first week 2012 as my project ends & will be working from offshore
                      I planned to get an H1.

                      here is what i planned

                      1. Apply for H1-B in April 2012 without COS
                      2. Leave the country on July with L1B
                      3. Once H1 b petition approves i shall go for stamping after July as i will be in India already
                      4. Once Stamping is successful I will resign from my employer A & come back to US with H1

                      Kindly advice whether it will work ( i do not want my emp A to know about my H1 processing until I resign as it will affect my work carrier if H1 stamping doesn't go good)

                      Comment


                      • #12
                        It will work. The employer will never know unless you tell them about your H1B processing with a different employer.

                        Originally posted by rajm View Post
                        Currently I am with employer A with L1B status valid till Feb,27 2013 with I94 till feb27,2014
                        I will be leaving US on July first week 2012 as my project ends & will be working from offshore
                        I planned to get an H1.

                        here is what i planned

                        1. Apply for H1-B in April 2012 without COS
                        2. Leave the country on July with L1B
                        3. Once H1 b petition approves i shall go for stamping after July as i will be in India already
                        4. Once Stamping is successful I will resign from my employer A & come back to US with H1

                        Kindly advice whether it will work ( i do not want my emp A to know about my H1 processing until I resign as it will affect my work carrier if H1 stamping doesn't go good)
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment

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