L1 to H1 COS - Implications/Problems

[prunid]

Has anyone stayed with current employer in L1 after COS is active? If so, can anyone post the implications? I have stayed for 13 days with my previous employer on L1 after COS was effective.

[shervin143]

Technically any employment with the L1 employer after the H1B effective date is illegal. But I doubt if a matter of 13 days will cause any issues, unless an officer at USCIS checks all your payslips/W2s with the petition effective date when you file new petitions or a visa officer does that same before issuing you a visa and decide to make it an issue.

[prunid]

If a visa officer finds fault with this, what will happen during my H1 transfer? Will the transfer not go through or if the officer has any questions, whom will he address it to?? will he address to the new employer who is taking care of the transfer???

Thanks,

[shervin143]

Yes. An RFE will be raised and it will be sent to the lawyer/employer who filed the transfer.

If a visa officer finds fault with this, what will happen during my H1 transfer? Will the transfer not go through or if the officer has any questions, whom will he address it to?? will he address to the new employer who is taking care of the transfer???

Thanks,

[prunid]

If there is an RFE what is the ideal response that can be provided and what are the chances that it will be rejected?? Please help.

[shervin143]

If there is an RFE what is the ideal response that can be provided
>>> The RFE document will clearly mention what they need from your to approva the visa. You have to provide thoese documents.

and what are the chances that it will be rejected??
>>> If you cannot provide all the documents listed in the RFE, then the chances of rejection is pretty high.

[prunid]

Thanks Sherwin,
If they ask for an explanation for me staying 13 more days with the previous employer after COS, how can it be responded??

[shervin143]

In that case you will have to contact a good immigration attorney who can help you.

Thanks Sherwin,
If they ask for an explanation for me staying 13 more days with the previous employer after COS, how can it be responded??

[viksri]

L1 to H1 COS implication

Hi,
I want to do a COS from L1 to H1 but i have heard that USCIS after receiving the petition will inform my current company that i have applied for a COS. Is this information correct?

Thanks,
Vik

[shervin143]

That is not true. And by the way, post your questions in a separate thread and not at the top of someone else post. Your question is totally unrelated to what is discussed in this post.

Hi,
I want to do a COS from L1 to H1 but i have heard that USCIS after receiving the petition will inform my current company that i have applied for a COS. Is this information correct?

Thanks,
Vik

[viksri]

Thanks and Sorry about the post. This was my first post in the forum and now i know the rules of the forum!

[nirupa84]

Hi Prunid,

I stayed on l1 for 4 months after my H1B was active. But I didn't face any issues during visa interview. I was just asked about when I started working on H1 with new employer durin my interview. Also when I was in US I went out of US and came back on L1 visa when I was working with my previous employer while H1 was active.

Nirupa

[prunid]

Hi Nirupa, Thanks for your response. Mine was a Change of Status [COS] from L1 to H1. Hence, the L1 would no longer be active after the COS was approved. In my case the H1 was effective from 12/15/2011 but i still continued in L1 till 12/28 [13 more days].
That's my problem/question..Were you in the similar COS situation or your H1 was filed separately.

[prunid]

Hi Nirupa, Please respond to my last question.

[nirupa84]

My employer filed my H1 seperately