L1B to H1B status change and travel questions

[iaquil]

Hi,

I am on L1B with I94 expiring on April 2012 from Company X, I found an employer Company Y who will file my H1B in June/July 2011 under premium processing. If H1B is approved then:
1. Can I work under Company X till Sep end and join Company Y from 1st Oct without any hassel?
2. Will my status will change automatically from L1 to H1 from Oct 1st onwards?
3. Will my new H1b will be valid until April 2012 only? as my current i94 (on L1B) is till April 2012?
4. I can travel to India and return in Sep 2011 using my existing L1B? Will there be any problem in port of entry? I have traveled using L1B to-from India multiple times, but I am concerned now because I will be having H1b approved along with L1B.
5. Is there anything special I have to ask the employer before filing H1b so I can go and return from India on my L1b status?

Will appreciate response.

[anna1234]

1. Can I work under Company X till Sep end and join Company Y from 1st Oct without any hassel?
> Yes

2. Will my status will change automatically from L1 to H1 from Oct 1st onwards?
> Yes

3. Will my new H1b will be valid until April 2012 only? as my current i94 (on L1B) is till April 2012?
> L1B + H1B = 6 yrs now u calculate 6 - time u spend on L1B ..

4. I can travel to India and return in Sep 2011 using my existing L1B? Will there be any problem in port of entry? I have traveled using L1B to-from India multiple times, but I am concerned now because I will be having H1b approved along with L1B.
> No Problem if u have all documents and answer properly (If you plan for H1B Visa then ur L1B Visa may get cancelled) but if you didnt do this, no issues with the H1B petition but you have to do a COS again.

5. Is there anything special I have to ask the employer before filing H1b so I can go and return from India on my L1b status?
> Make sure you do Premium Processing else you may have to leave L1B company the day H1B gets approve if it didnt get approved before Oct 1st.

[shervin143]

1. Can I work under Company X till Sep end and join Company Y from 1st Oct without any hassel?
>>> If the H1B is filed under the new CAP, then the effective date will be on or after Oct 1st. If the H1B is filed as a COS from L1, then the approval notice will come with a new I-94. As of the effective date of the H1B petition, your status will change from L1 to H1B and you can no longer work for the L1 employer.

2. Will my status will change automatically from L1 to H1 from Oct 1st onwards?
>>> If the H1B is filed as a COS under a new CAP, then the status will change to H1B as of the effective date of the H1B petition. It can be on or after Oct 1st.

3. Will my new H1b will be valid until April 2012 only? as my current i94 (on L1B) is till April 2012?
>>> No. The H1B petition will have its own validity. The expiry date will be based on the project itinerary provided by the employer.

4. I can travel to India and return in Sep 2011 using my existing L1B? Will there be any problem in port of entry? I have traveled using L1B to-from India multiple times, but I am concerned now because I will be having H1b approved along with L1B.
>>> If the H1B is filed as a COS from L1, then it is never advisable to travel before the effective date of the H1B petition unless you are planning to get the H1B stamped and return back in H1B visa. Remember, technically you are suppose to return all the I-94s (Even the one that comes with the approval notice) when you leave the country.

5. Is there anything special I have to ask the employer before filing H1b so I can go and return from India on my L1b status?
>>> The CAP is wide open. Either come back and file the COS from L1 to H1B or get the H1B approval notice and return back in H1B visa. If you plan to return back in H1B visa, then you can enter only 10 days prior to the H1B effective date.

[iaquil]

Hi Anna/Shervin,

Thank you for your response.

Against point # 4- I am not clear, even my H1B petition gets approved in June/July, but the start date is from 1st Oct 2011. I plan to travel to India in Aug and return in Sep first week 2011 and want to use my L1B visa while entering back. I don't want to go to US consulate for H1B stamping because that will be valid from Oct onwards and I am returning on L1b in Sep. Is this possible? As per Anna1234 reply, I have to apply for COS (from L1 to H1) after coming back to US, what is the process for that?

I am concerned with Shervin143's reply mentioning that I have to return I94 papers even the one that comes with H1B, if I do so that how am I going to get H1b I94 paper back?

Regards

[shervin143]

This is exactly why you should NOT travel before Oct 1st of the H1B petition (under a new CAP) was approved as a COS. It will complicate things. Technically you are suppose to return all your I-94s when you leave the country. When you enter back, your will get a new I-94 at the POE. If your H1B is approved as a COS with effective date of Oct 1st and if you travel out and return back in L1 before Oct 1st, then you might not have an I-94 for H1B and you would never know if your status will automatically change to H1B or not (It is a kind of grey area and it is not worth assuming that you are in a particular status). If your status changes to H1B, then you won't have an I-94 associated to it since you returned it when you left the country.

If you have to travel no matter what, then ask your employer to file the COS to H1B after you return back in L1 visa. Like I mentioned, the CAP is wide open and you don't have to rush now. Or, ask your employer to file the H1B as a consular process instead of COS (the approval will come without an I-94 and the status will not automatically change to H1B). This way, you have secured a H1B CAP. Whenever you decide to work for the H1B sponsor, you either have to go out of the country and return back in H1B visa or your employer will need to file a COS that will change the status from L1 to H1B. With the second approach, either you or the employer will end up spending additional money to get back to H1B status.

Hi Anna/Shervin,

Thank you for your response.

Against point # 4- I am not clear, even my H1B petition gets approved in June/July, but the start date is from 1st Oct 2011. I plan to travel to India in Aug and return in Sep first week 2011 and want to use my L1B visa while entering back. I don't want to go to US consulate for H1B stamping because that will be valid from Oct onwards and I am returning on L1b in Sep. Is this possible? As per Anna1234 reply, I have to apply for COS (from L1 to H1) after coming back to US, what is the process for that?

I am concerned with Shervin143's reply mentioning that I have to return I94 papers even the one that comes with H1B, if I do so that how am I going to get H1b I94 paper back?

Regards