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L1 to H1 but needs to work on L1

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  • L1 to H1 but needs to work on L1

    Presently I am on L1 visa which is going to be expire on 31 aug 2012. I am also in touch with another employer who is ready to file my H1 visa on 1st June 2012.


    If I get a H1 with COS (lets say start date = 1st Oct ) then is it mandatory for me to join new job on H1 visa ?
    Is there any way that I can still choose to work with my present job & present employer on L1 visa (after 1st Oct). Is it possible ? if yes then do I need to inform USCIS about it ? what is the process.
    ( I am asking this question bcoz if h1 job pay is less than my present pay then I do not want to shift)

  • #2
    If I get a H1 with COS (lets say start date = 1st Oct ) then is it mandatory for me to join new job on H1 visa ?
    >>> Yes. If you want to continue work for L1 employer, file the H1B for consular process.

    Is there any way that I can still choose to work with my present job & present employer on L1 visa (after 1st Oct). Is it possible ? if yes then do I need to inform USCIS about it ? what is the process.
    >>> File the H1B for CP. Continue to work for the L1 employer. When you are ready to move over to H1B, ask the employer to file a COS from L1 to H1B or leave the country and return back in H1B visa. If the H1B gets approved for COS, then in order to continue with the L1 employer, you will have to leave the country before the H1B effective date and return back in L1 visa/petition after the H1B effective date. Remember to surrender all the I-94s (including the one that comes with the H1B approval) when you leave the country. Search and read about Leap Frog.

    ( I am asking this question bcoz if h1 job pay is less than my present pay then I do not want to shift)
    >>> Won't you know that before accpeting the offer? Why do you have to wait until the H1B approval to know that?
    Not a legal advice. Use of this information is strictly at your own risk.

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