Change of status from L1A to H1B cancellation procedure-

[raghvi]

Hi Raghvi,

Thanks for providing the details.

Regarding this, I have checked with H1 employer. He mentioned that since it is L1 to H1 COS and it is approved with new I-94. So, Even If I leave US before Oct 1st,
you can't come on L1 after October 1st. L1 will not be there anymore. You have to go for stamping again and then you need to enter. Basically, he is trying to stopping me.

Literally, I am in bad situation. Not sure what to do.

Please throw me your insights on this.

I am assuming your L1 visa is valid in your passport October 2013 and beyond.

You can come back on L1 as long as your L1 in passport is valid and of course L1 employer is willing to take you on their employment. The COS doesnt invalidate the visa in your passport. The COS basically says that you would move to H1 status for the H1 petition filed by the H1 employer from the COS start date. As you will be out of US on COS date, COS doesnt have any significance.

One needs to go for stamping only if visa is not valid in passport.

This is my opinion not legal advice.

[mfsrini]

Hi,

Thanks for providing the update.

Since I need to leave US before Oct 1st, I am planning to go to Mexico and reenter into the US after Oct 1st.

Please let me know Is it must to have Mexico visa? Without that, Is it not possbile to go to Mexico.

I am assuming your L1 visa is valid in your passport October 2013 and beyond.

You can come back on L1 as long as your L1 in passport is valid and of course L1 employer is willing to take you on their employment. The COS doesnt invalidate the visa in your passport. The COS basically says that you would move to H1 status for the H1 petition filed by the H1 employer from the COS start date. As you will be out of US on COS date, COS doesnt have any significance.

One needs to go for stamping only if visa is not valid in passport.

This is my opinion not legal advice.