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  • Help Required - H1 to L1

    Hi Friends,

    I was holding L1 VISA and working with Company A. Company B applied for L1-h1 Transfer, I got COS in the month Sep Aug 2007. I came to India in June 2007 (before COS approval).

    I attended interview for H1 at Chennai in the month of February. Consulate issued me 221(g) form and asked to produce employer wages and tax returns.

    I got employee wages and tax returns from my h1 employeer in this month (July 2008). Please advice for the following quires.

    Almost 6 months back consulate asked me to submit the above mentioned documents. Is it OK to submit the proofs now and how many approximate days it takes to get the passport.
    In case I do not submit the required documents, does my L1 is valid? Does it create any problem for my future stampings/ US Visits??

    Thanks in advance
    Last edited by cvvnaba; 07-29-2008, 10:46 AM. Reason: Subject modified

  • #2
    Consulates allow 1 year I believe. Depends on what was written on your 221g form. Submit the docs and be patient to get the PP back. If H1b is approved, the L1 visa will most likely get cancelled. The petition remains valid until the employer revokes it. If H1b is not processed, nothing happens to L1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Few Doubts?

      Originally posted by txh1b
      Consulates allow 1 year I believe. Depends on what was written on your 221g form. Submit the docs and be patient to get the PP back. If H1b is approved, the L1 visa will most likely get cancelled. The petition remains valid until the employer revokes it. If H1b is not processed, nothing happens to L1.

      If a person present in USA on L1B(continue working on L1B after Oct also) and has approved H1B(from 1st Oct) so later on after 1st Oct or Nov approved H1B can be transfered to another employer?

      The petition remains valid until the employer revokes it -- Can a revoked H1B transfered to another employer?

      Comment


      • #4
        Originally posted by H1Success
        -- Can a revoked H1B transfered to another employer?
        Yes, if it was revoked by the employer. No, if it was revoked by the consulate or the VO. A revoke is different from a "Cancelled without prejudice" stamp. Read the H1b FAQs on immihelp under H1b section.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          Yes, if it was revoked by the employer. No, if it was revoked by the consulate or the VO. A revoke is different from a "Cancelled without prejudice" stamp. Read the H1b FAQs on immihelp under H1b section.
          Thanks for reply
          Please give your suggestion for below question--

          If a person present in USA on L1B(continue working on L1B after Oct also) and has approved H1B(from 1st Oct) so later on after 1st Oct or Nov approved H1B can be transfered to another employer?

          Comment


          • #6
            Originally posted by H1Success
            Thanks for reply
            Please give your suggestion for below question--

            If a person present in USA on L1B(continue working on L1B after Oct also) and has approved H1B(from 1st Oct) so later on after 1st Oct or Nov approved H1B can be transfered to another employer?
            Yes. Assuming the continuing to work on L1 part is after a leapfrog entry on L1 after Oct 1st by departing before Oct 1st if it was a COS from L1 to H1b. Otherwise, the person is illegally working and out of status
            Last edited by txh1b; 07-29-2008, 02:08 PM.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by txh1b
              Yes.
              Thanks a lot TxH1B for guidence.

              Comment


              • #8
                Originally posted by txh1b
                Consulates allow 1 year I believe. Depends on what was written on your 221g form. Submit the docs and be patient to get the PP back. If H1b is approved, the L1 visa will most likely get cancelled. The petition remains valid until the employer revokes it. If H1b is not processed, nothing happens to L1.
                Thnaks for the quick update. In case I do not won't proceed (not to submit documents to consulate) in time and continue on L1.

                > Does it treated as rejection of H1B?
                > IS there any problem If I travel to US on present L1?
                > Is there any problem for my futrure stampings ?

                Thnaks
                Last edited by cvvnaba; 07-30-2008, 01:10 AM.

                Comment


                • #9
                  > Does it treated as rejection of H1B?
                  Yes, 221g is a rejection

                  > IS there any problem If I travel to US on present L1?
                  No

                  > Is there any problem for my futrure stampings ?

                  Depends on what the 221g was for. If it has got something with misrepresentation on your part yes. Otherwise no.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment

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