Change of status from L1A to H1B cancellation procedure-

[mfsrini]

Hi,

Currently, working on L1A visa through company X. I had applied for H1B through company Y as COS and my H1B got approved. As per the rule, from October 1st 2013, I shouldn't work for company X after october 1st. Because of some reasons, I wanted to cancel my H1B visa for company Y and continue my work on L1A visa through company X itself. May I know the procedure.

Someone please help me. It is urgent.

[raghvi]

Hi,

Currently, working on L1A visa through company X. I had applied for H1B through company Y as COS and my H1B got approved. As per the rule, from October 1st 2013, I shouldn't work for company X after october 1st. Because of some reasons, I wanted to cancel my H1B visa for company Y and continue my work on L1A visa through company X itself. May I know the procedure.

Someone please help me. It is urgent.

Till when is your L1A visa valid?

If COS is approved and you got a new I-94 then in order to continue working with L1 employer you have do a leap frog. Leave US before 01-Oct-2013 and return after tentative H1 start date on L1A visa.

The only other way would be to do a H1 amendment from COS to Consular processing. But will depend on the H1 employer to get that processed and considering the time left it would have to be done in premium.

This is my opinion not legal advice.

[mfsrini]

Change of status from L1A to H1B cancellation procedure- continuation...

Thanks for providing the details.

My L1A visa is valid upto Aug 2014.

As you mentioned I need to have Leap frog. i.e. leave US before 01/Oct and return after H1 start date on L1A visa. Does that mean that do I need to go for L1A stamping again before coming to US.

Till when is your L1A visa valid?

If COS is approved and you got a new I-94 then in order to continue working with L1 employer you have do a leap frog. Leave US before 01-Oct-2013 and return after tentative H1 start date on L1A visa.

The only other way would be to do a H1 amendment from COS to Consular processing. But will depend on the H1 employer to get that processed and considering the time left it would have to be done in premium.

This is my opinion not legal advice.

[raghvi]

Thanks for providing the details.

My L1A visa is valid upto Aug 2014.

As you mentioned I need to have Leap frog. i.e. leave US before 01/Oct and return after H1 start date on L1A visa. Does that mean that do I need to go for L1A stamping again before coming to US.

No need. Use the same L1A visa to re enter as its valid till Ag 2014.

This is my opinion not legal advice.

[mfsrini]

If that is the case, what will happen to H1 visa ? Is employer need to cancel H1 visa ?

No need. Use the same L1A visa to re enter as its valid till Ag 2014.

This is my opinion not legal advice.

[raghvi]

If that is the case, what will happen to H1 visa ? Is employer need to cancel H1 visa ?

No need, The H1 petition will still be valid but you will not move to H1 status as you would be out of US on H1 activation date.

In order to work for employer X or any other employer on H1 in the future the H1 petition can be used later on to do a transfer from L1A to H1.

This is my opinion not legal advice.

[mfsrini]

Iam planning to leave US before Oct 1st and enter into US on Oct 18th. My H1 visa tentative start date is 1st week of Oct. Will it a be problem.

After enter into the US, I will be working for employer X on L1A itself. I will move onto H1 status after some time by transferring from L1A to H1. So, do I need to pay
the taxes for H1 when I am in L1A status after coming back to US till I move to H1 status.

Please let me know.

No need, The H1 petition will still be valid but you will not move to H1 status as you would be out of US on H1 activation date.

In order to work for employer X or any other employer on H1 in the future the H1 petition can be used later on to do a transfer from L1A to H1.

This is my opinion not legal advice.

[raghvi]

Iam planning to leave US before Oct 1st and enter into US on Oct 18th. My H1 visa tentative start date is 1st week of Oct. Will it a be problem.

After enter into the US, I will be working for employer X on L1A itself. I will move onto H1 status after some time by transferring from L1A to H1. So, do I need to pay
the taxes for H1 when I am in L1A status after coming back to US till I move to H1 status.

Please let me know.

If H1 start date is 1st Week of Oct and you are planning to enter US using your valid L1A on 18th Oct then I dont see any problem. From 18th Oct you will be on L1 status and will be working with X.
Only when you move to H1 you will be bound by H1 tax rules till then L1 tax rules will apply to you.

This is my opinion not legal advice.

[mfsrini]

Hi,

I just would like to know whether the person at port of entry can question me why are you entering into L1A visa since you have H1 visa. Will they stop me entering into US ?

I am worrying about this.

If H1 start date is 1st Week of Oct and you are planning to enter US using your valid L1A on 18th Oct then I dont see any problem. From 18th Oct you will be on L1 status and will be working with X.
Only when you move to H1 you will be bound by H1 tax rules till then L1 tax rules will apply to you.

This is my opinion not legal advice.

[raghvi]

Hi,

I just would like to know whether the person at port of entry can question me why are you entering into L1A visa since you have H1 visa. Will they stop me entering into US ?

I am worrying about this.

It is highly unlikely that there will be any such question. You are entering on L1A because you want to work with L1A employer, simple. And you can enter only on the visa you have right?

Just show them your L1A, and L1A associated documentation if asked.

This is my opinion not legal advice.

[mfsrini]

Hi Raghvi,

Thanks for providing the details. I have one more question.

As you mentioned I can enter into into US on L1 visa in October, After few days( Say December), If I want to switch to H1, what will be the process to move from L1 to H1.
Do I need to file the petition again ?

It is highly unlikely that there will be any such question. You are entering on L1A because you want to work with L1A employer, simple. And you can enter only on the visa you have right?

Just show them your L1A, and L1A associated documentation if asked.

This is my opinion not legal advice.

[raghvi]

Hi Raghvi,

Thanks for providing the details. I have one more question.

As you mentioned I can enter into into US on L1 visa in October, After few days( Say December), If I want to switch to H1, what will be the process to move from L1 to H1.
Do I need to file the petition again ?

Your H1 employer will file a L1 to H1 COS using the existing H1 approval notice/receipt number.

This is my opinion not legal advice.

[mfsrini]

Raghvi,

By any chance, do you know how much it costs for doing L1 to H1 COS using existing receipt number

Your H1 employer will file a L1 to H1 COS using the existing H1 approval notice/receipt number.

This is my opinion not legal advice.

[raghvi]

I believe its the standard COS fees I539 (290 USD) + I129 Fees (325 USD) + Lawyer fees. Additional 1000 USD if done under premium.

Its the H1 employer who should pay this fees.


This is my opinion not legal advice.

[mfsrini]

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 believe its the standard COS fees I539 (290 USD) + I129 Fees (325 USD) + Lawyer fees. Additional 1000 USD if done under premium.

Its the H1 employer who should pay this fees.


This is my opinion not legal advice.