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L1 to H1 - COS Validity

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  • L1 to H1 - COS Validity

    1) Worked with Company A for L1B
    2) Company B applied COS and got H1 B approved.
    3) I went to India without utilizing H1 B
    4) Company A again applied L1 A for me and came here with stamping on L1A at Port of entry.
    6) Now i need to work for Company B with my previously applied H1B , since my validity still exist.

    What should i do to work for Company B ? They say, you don't need to do anything, you can come and work directly? Please clarify. Is that correct ?

  • #2
    That is not correct. They need to file a petition amendment to change your status from L1 to H1. Only after that is approved you can work for them.
    This is my opinion and not legal advice.

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    • #3
      Either a COS from L1 to H1B need to filed (and it should get approved with a new I-94 for you to work) Or you can leave the country and return back on H1B visa and H1B petition. That will get you a new I-94 associated with the H1B petition allowing you to work for the H1B sponsor.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        L1 to H1 - COS Validity

        I contacted the legal attorney, they say , you don't need to apply COS , you need to get stamping only if i go out of country, otherwise fine. I am really confused and not sure what decision to take. Pls. advise.

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        • #5
          Consult a good immigration attorney. This attorney doesn't seem to know what he/she is talking about or you did not explain your case properly to the attorney. You have to be in H1B status to work for the H1B employer. If you enter U.S in L1 visa, your status is L1 and not H1B. To get to H1B status, you either have to leave the country and return back in H1B visa / H1B petition (That will get you a new I-94 associated to H1B) or file a COS from L1 to H1B and that should get approved with a new I-94 (Otherwise it is not considered to be a COS). If you do that, your status will change to H1B and you are allowed to work for the H1B sponsor. If you work for the H1B sponsor in L1 status, that is considered as illegal employment and it will cause issues with your future petitions, visa stamped and GC process.

          Originally posted by abumah View Post
          I contacted the legal attorney, they say , you don't need to apply COS , you need to get stamping only if i go out of country, otherwise fine. I am really confused and not sure what decision to take. Pls. advise.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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