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On L1B visa via Company A, applying for H1B via Company B

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  • On L1B visa via Company A, applying for H1B via Company B

    Hi,

    I'm currently on an L1B visa with company A (expires Sept 2012).
    Another Company B is willing to sponsor my H1B (in April 2011).

    Assuming my H1B is approved, I understand i cannot start working on that visa till Oct 2011.
    If my H1B Visa is approved, can i quit Company A and stay in the US (even if i'm unemployed) till Oct 2011? If not, are there any work arounds to this situation where i can continue to stay in the US?

    Thanks.

  • #2
    You need to be working for the L1 employer until Sept 30th to maintain your L1 status. Otherwise you will go out of status on L1. You need to be in a valid immigration status to stay in the country. COS to B2 is an option.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Ok, thanks.

      I have a valid B1/B2 visa (that i had even before the L1).
      Can i just stay on that visa?
      Or will i have to do a Change of Status to B2? If yes, whats the process?

      Comment


      • #4
        Having Visas in passport does not mean having that status. You will need to file I-539 to change status to Visitor.
        This is my opinion and not legal advice.

        Comment


        • #5
          Alternatively you can leave the country and return back in B1/B2 visa.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thanks a lot everyone.

            Assume i leave the country, return on a B2.
            Will i have to leave the country again in October before i convert to H1 (assuming its approved in the next couple of months)?

            Comment


            • #7
              If the H1B is approved as a COS (new I-94 attached to the H1B approval notice), then your status will change automatically to H1B as of the effective date. If not, then you will need to leave the country and return back in H1B visa to work in H1B status.

              Originally posted by ashvinvai View Post
              Thanks a lot everyone.

              Assume i leave the country, return on a B2.
              Will i have to leave the country again in October before i convert to H1 (assuming its approved in the next couple of months)?
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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