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L1 to H1 cos denial help me urgent please!

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  • L1 to H1 cos denial help me urgent please!

    Hi,

    I had applied for H1's from companies A and B last year when I was in India.
    Both H1's got approved . However I got chance to visit to US from Company C on L1.
    After coming to US , I worked for few days and resigned to company C when I applied for COS from L1 to H1 from company C TO A.
    The petition got rejected.
    Now Im planning to transfer L1 to H1 thru company B.

    My question is as I resigned company C(which carried my L1) can I legally stay in uS with the COS receipt number?If so how many days can I stay?

    since I was already staying on COS recipt number of company A,as it got rejected, can I immediatly apply L1 to H1 COS thru company B and if I get the receipt number i'm I legally eligible to stay in US?

    I have valid I-94 from company A on L1(which was valid till 2012) but as i resigned now Im not sure if company revoked my L1 yet. Im I eligible to stay in US with cos receipt number

    Please assist me!
    Last edited by kolguri; 11-21-2010, 12:07 PM.

  • #2
    I had applied for H1's from companies A and B last year when I was in India.
    Both H1's got approved . However I got chance to visit to US from Company C on L1.
    After coming to US , I worked for few days and resigned to company C when I applied for COS from L1 to H1 from company C TO A.
    >>> You cannot work for Company A without the approval of COS from L1 to H1B. Any employment with Company C is illegal.


    The petition got rejected.
    Now Im planning to transfer L1 to H1 thru company B.
    >>> A COS from L1 to H1B is no longer possible since you are currently out of status on L1. You will need the latest pay slips from your L1 employer for a successful COS and you cannot work for Company B until the COS gets approved.

    My question is as I resigned company C(which carried my L1) can I legally stay in uS with the COS receipt number?
    >>> You cannot. You are out of status now and the best option to leave the country as soon as possible.

    If so how many days can I stay?
    >>> 0 days.

    since I was already staying on COS recipt number of company A,as it got rejected, can I immediatly apply L1 to H1 COS thru company B and if I get the receipt number i'm I legally eligible to stay in US?
    >>> No. Read the above replies. You cannot stay and work on a receipt number when it is a COS. Only when it is a transfer (H1 from one company to another) you can stay and work on the receipt notice.

    I have valid I-94 from company A on L1(which was valid till 2012) but as i resigned now Im not sure if company revoked my L1 yet. Im I eligible to stay in US with cos receipt number
    >>> It doesn't matter whether the company has revoked your L1 or not. Without pay slips from L1 employer, you are out of status on L1. The more the out of status period, the more issues you will invite when you attend the visa interview the next time or when you enter U.S again at the POE.

    Your best option is to leave the country immediately. Get the H1B stamped for Company A or B and return back to work.
    Not a legal advice. Use of this information is strictly at your own risk.

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