Currently L1B, withdrawing H1B

[buddyhere]

I am employed with XYZ company in L1B visa. My L1B visa expires on Dec 09.
A new company ABC has applied H1B with COS on Apr 09 using premium processing and it has been approved. After approval I traveled to India and came back before on Sep 09. I have a new I-94 which expires on Dec 09. My H1B I-94 number is different than my new I-94. I have not given my new I-94 to ABC company.

I have some problem with ABC company and they have submitted withdrawal of my H1B petition with my consent. I have received an email from USCIS stating that "Case Reopened or Reconsidered" on Sep 29th.

My question is, will I get any problem staying after Oct 1st 09, since the withdrawal request has been accepted by USCIS. Since it is a very short time of applying the withdrawal, will my status gets changed to H1B with ABC company.

I am really worried right now. Appreciate any help in this regard.

[sk4ih]

If H1 is cancelled before Sept 30, you will continue to be on L1 until its expiry.
So no need to worry.

[buddyhere]

Thanks for your reply Sir.

They have submitted by H1 withdrawal last week and the USICS website was updated only on 29th September. Would you think USICS didn't get enough time to revoke my petition or as soon the withdrawal is submitted by the employer, my petition and COS is no longer valid or approved.

[txh1b]

If H1 is cancelled before Sept 30, you will continue to be on L1 until its expiry.
So no need to worry.

WOW! Just noticed this post and sorry to jump in here. This is wrong.

Withdrawal of the H1b after a COS approval does not put the person back on L1 status. The person becomes illegal with no status to hold as the L1 is inactive from Sep 30th.

The L1 holder needs to leave the US immediately and return back on L1 and take care not to accumulate illegal stay.

Status does not get reinstated automatically in any of the COS case unless an extension or a USCIS action takes place on the alien.

[buddyhere]

Thanks for the reply txh1b.

I am little confused now. My withdrawal was submitted before OCT 1st. This was done last week (sometime in Sep 22 or 23) and also USCIS confirmed me that they have reopened my H1B petition on 29-Sep-09.

Can I be in H1 status till the withdrawal has been approved by USCIS?

FYI, I went to my home country for some personal reason on Aug 09 and came back to USA on 11-Sep-09 using the same L1B petition. I have a new I-94 card different from the H1B petition I-94.

WOW! Just noticed this post and sorry to jump in here. This is wrong.

Withdrawal of the H1b after a COS approval does not put the person back on L1 status. The person becomes illegal with no status to hold as the L1 is inactive from Sep 30th.

The L1 holder needs to leave the US immediately and return back on L1 and take care not to accumulate illegal stay.

Status does not get reinstated automatically in any of the COS case unless an extension or a USCIS action takes place on the alien.

[sk4ih]

Is it a new H1 for 2009? or is it a H1 which you already had and is used for COS from L1?

[buddyhere]

Yes. It is a new H1 for 2009. This was applied on Apr-09 when quota opened and approved on last week for April-09. When they applied by H1B, they applied with COS.

Is it a new H1 for 2009? or is it a H1 which you already had and is used for COS from L1?

[buddyhere]

Apperciate your earliest help in this.

It s a new H1 filed on Apr-2009. H1 was filed with COS and both were approved.

Is it a new H1 for 2009? or is it a H1 which you already had and is used for COS from L1?

[sk4ih]

I thought COS happens automatically after Oct 1st if you apply for new H1.
Not sure what is this new H1 with COS.
txh1b can throw more light on this.

[txh1b]

As per the Efren Hernandez memo, you travel has happened before your COS effective date. This would not be a leap frog scenario for you and hence your status would be H1b from Oct 1st. When the withdrawal happens, you fall out of status or rather become illegal.

It does not matter if it is a new H1b or a transfer. Once a COS is processed, withdrawal of that COS will not restore your old status.

You need a consultation with a good lawyer. It would be worth your $100 or so and you will get the same info that I provided most likely. M urthy or K hanna type as they know what they talk about unlike the others. Update the forum on what you find out.