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Need Advise - Visa and status issues - urgent please help....

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  • Need Advise - Visa and status issues - urgent please help....

    Hi,

    I actually landed in the USA in december 2003 on an L1 Visa from Company "XYZ". My L1 Visa was stamped for an year(December 2004) but my I94 was given till dec 2006.

    During my tenure here in USA , I contacted another company called "ABC" who was willing to sponsor me an H1B Visa. I got my H1B Approval on August 5th 2004 with a validity till 2007 as well as a fresh I 94 and start date of work from October 1 2004. My queries are as follows. Request for your help please.

    A) How do i find out from my H1B Papers whether it is an L1 to H1B Transfer or merely a fresh H1B? and in case it is a transfer and change of status, can i got to mexico or canada and get stamped? else if it is a fresh H1, Can i still go to mexico or canada and get stamped as i am still in the USA?

    B) I continued to work with my L1 Employer "XYZ" despite getting my H1B Approval one year back and am now planning to shift to actual H1B Status after an Year of issuance of approval and now want to go to Mexico or Canada and get stamped? is this possible? or do i need to go to my home country and get stamped?

    in simple or to summarize....if i come to USA on L1 and subsequently get H1B Approval while still in the USA, Can i go to Mexico or canada to get this H1B Stamped?

    C) Even though my H1B Approval was done by INS on behaf of company "ABC" one year back and have not joined them, But i am still with Company "XYZ" who gave me L1 Visa....can i now go to the Consulate for stamping with W2 and pay slips of company XYZ saying that i have not joined company abc since last one year and am planning to join now? is this acceptable at the consulate?

    Appreciate your responses.....need help very badly and am stuck on these issues

    please help....thanks a ton

  • #2
    Hi,
    Firstly, there cannot be a transfer from L1 to H1. The H1 has been filed fresh and got approved. Since you say that you received a fresh I 94, i think your H1 was done along with the change of status, in which case, you should have started working for H1 employer. Since you have already got your I 94 for H1b employment, you can start working without the stamping, and need not go to border country for stamping.
    However i think you will have trouble only if you have to travel out of US for some reson. Then the question about delay of joining H1B employer will arise. I suggest you consult Immigration Attorney.
    VEENA
    (NOT LEGAL ADVICE)

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