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L1 to H1 Visa Transfer - Change of Status Issue

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  • L1 to H1 Visa Transfer - Change of Status Issue

    Friends,
    Came to US in 2008 Feb on L1 visa for Company A. My L1 expiry date was Dec 10 2010. Company A applied my L1 extension in Dec 2010. Meanwhile, company B offered to sponsor my H1B (change of status) and it got approved on Dec 12 2010. But since my L1B extension was applied I stayed in L1B for sometime and moved to Company B on Mar15 2011. I did not change my company since then and did not get my H1 Visa stamped yet and Below are my questions,

    i) Was my stay in Company A for 92 days after H1B COS approval is illegal and termed as Unauthorized employment?
    ii) If so, Will that affect my H1B stamping in home country?
    iii) Will that affect H1B transfer process, if I decide to move another company C?

  • #2
    i) Was my stay in Company A for 92 days after H1B COS approval is illegal and termed as Unauthorized employment?
    >>> Yes. Did your H1B approval come after the L1 extension? Which petition became effective last?

    ii) If so, Will that affect my H1B stamping in home country?
    >>> It can, if the VO looks into your previous immigration records.

    iii) Will that affect H1B transfer process, if I decide to move another company C?
    >>> It can, depending on the person who handles your case at USCIS. It all depends on how deep they check your previous status and petitions.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply. L1 extension was applied just days before getting H1 approval. But before my L1 extension was approved, I moved on H1 job.

      Is there anything I can do, to not to screw up things in future? Or to just leave it, as nothing we can do from here?

      Comment


      • #4
        Well, there isn't much you can do now. Search and read about the last action rule. If L1 extension got approved after the H1B approval, then your status in L1 and not H1B. Did you ever leave U.S in between and return back in H1B visa? Did the L1 employer withdraw the petition after you quit them?

        Originally posted by RamGowda123 View Post
        Thanks for your reply. L1 extension was applied just days before getting H1 approval. But before my L1 extension was approved, I moved on H1 job.

        Is there anything I can do, to not to screw up things in future? Or to just leave it, as nothing we can do from here?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Here are the sequence of events,

          Applied for H1
          Applied for L1 extension before its expiry
          H1 got approved.
          Stayed on L1 for some time as my extension was in process
          Moved to company B on H1.
          Company A withdraw my L1 extension.

          No I did not leave the country yet, but planning to shortly. Should I mention to USCIS all these through any stamping documents or we can just leave it?

          Comment


          • #6
            There is nothing you can do now to correct what has happened before.

            Originally posted by RamGowda123 View Post
            Here are the sequence of events,

            Applied for H1
            Applied for L1 extension before its expiry
            H1 got approved.
            Stayed on L1 for some time as my extension was in process
            Moved to company B on H1.
            Company A withdraw my L1 extension.

            No I did not leave the country yet, but planning to shortly. Should I mention to USCIS all these through any stamping documents or we can just leave it?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              L1 to H1 Transfer process

              I am in US working with company A on L1 visa, I have approved H1B petition from Employer B.
              Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on this L1B.
              Now I got New project at Client C through My employer A who sponsored my H1B, is it possible to work to Client C by applying COS or need to fly back to US and get it stamped.

              I heard the news saying that there are some changing in applying amendment on COS and have to go to INDIA and get it stamped.
              Or else we have to apply for new H1B Premium petition with COS.

              Could you please advise me on the same and how can I proceed.

              Comment


              • #8
                If you are currently in U.S in L1 status, then in order to work for the H1B sponsor in H1B status an amendment need to be filed and it should get approved (with a new I-94) before you can begin working in H1B status. You need to go out of the country to get the H1B stamped only of the COS gets denied and if it gets approved for consular process (no new I-94).

                Originally posted by venkatasr View Post
                I am in US working with company A on L1 visa, I have approved H1B petition from Employer B.
                Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on this L1B.
                Now I got New project at Client C through My employer A who sponsored my H1B, is it possible to work to Client C by applying COS or need to fly back to US and get it stamped.

                I heard the news saying that there are some changing in applying amendment on COS and have to go to INDIA and get it stamped.
                Or else we have to apply for new H1B Premium petition with COS.

                Could you please advise me on the same and how can I proceed.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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