Details needed on H1 to L1 - After COS effective date

[Deepb]

I currently have a L1 Visa for company A and my H1 was filed by Company B and the change of status had happened
on April 10. Inorder to retain my L1 I am suggested to fly to Mexico and get a new I-94.

Can someone help me clarify the below questions

1) Will this process of going out and coming back after the start date still cancel the COS
2) Will my current I-94 be taken by the airlines when I go on a 2 day trip and if they do not take it can I request the airline to take it from me
3) should I tell the real reason at the Port of Entry ?
4) Will getting a new I-94 help me work for L1 with company A and still keep my H1 active

Thanks in advance.

[shervin143]

1) Will this process of going out and coming back after the start date still cancel the COS
>>> Yes, it puts you back on the L1 status. The key here is to return all your current I-94's (Including the one that came with the H1B COS) when you leave and re-enter back on the L1 visa and get a new L1 I-94.

2) Will my current I-94 be taken by the airlines when I go on a 2 day trip and if they do not take it can I request the airline to take it from me
>>> It has to be returned. Otherwise your entire trip will be just a waste of time and money. For much shorter trips, they sometimes won't take the I-94. They will ask you the use the same upon return. If you keep your return ticket open, then they would take the I-94.

3) should I tell the real reason at the Port of Entry ?
>>> You can. Be perepared to answer being out of status from April 10th.

4) Will getting a new I-94 help me work for L1 with company A and still keep my H1 active
>>> Not sure what you mean by that. If you want to get back to H1B again, a COS to H1B need to be filed and approved. The H1B petition remains active until it's expiry date.

[Deepb]

Thanks for the details.

If airline doesnot get the I-94, can I just take and keep it with me so that at Port of Entry they will issue a new one.

Currently I donot have the I-94 issued thru the H1B COS with me. Can I give only the L1 I-94 and get a new one ?

[shervin143]

Are you saying that your H1B approval came with a valid I-94? If you didn't get an I-94 with the H1b approval notice, then it is not a COS. Your H1B is approved as consular process. You status is still L1B.

If you have got the approval with the I-94 and if the I-94 is with your employer, then you need to get it from them and return it when you leave the country. All I-94's should be returned when you leave the country. Otherwise you will have issues later. You will have to return them manually.

https://www.immihelp.com/returning-u...4-form-to-cbp/

Thanks for the details.

If airline doesnot get the I-94, can I just take and keep it with me so that at Port of Entry they will issue a new one.

Currently I donot have the I-94 issued thru the H1B COS with me. Can I give only the L1 I-94 and get a new one ?

[Deepb]

My H1B I-94 is with the employer.

Also if I have to go to Mexico do I have to get any Mexico Visa?

[shervin143]

You need to get the I-94 from your employer and handover to the airport officials when you leave the country. Yes, you need a mexican visa.

[Deepb]

Thanks for the quick response.

I am planning to go on drive and walk across the border without getting any Visa. Will that be ok ?

[Deepb]

What Visa am I in now L1 or H1 ?

I visited Mexico over the weekend and walked across the border and reentered back. The immigration officers refused to issue me a new I94 as my L1 I-94 is valid till 2011 Dec(my H1 I-94 is valid till 2011 as well).

They swiped my L1 I-94 and told me that I am entering into US back in L1 I-94 which would invalidate the H1 I-94.

So which Visa am I in currently L1 or H1 ?

Does the immigration officers told hold good ?

Thanks in advance.

[shervin143]

You are in L1 as per the immigration officer. If you want to get back on H1B, then you need to apply for a COS to H1B or leave the country and re-enter in H1B visa (Very short trips outside the country, like what you did now will not work).

I visited Mexico over the weekend and walked across the border and reentered back. The immigration officers refused to issue me a new I94 as my L1 I-94 is valid till 2011 Dec(my H1 I-94 is valid till 2011 as well).

They swiped my L1 I-94 and told me that I am entering into US back in L1 I-94 which would invalidate the H1 I-94.

So which Visa am I in currently L1 or H1 ?

Does the immigration officers told hold good ?

Thanks in advance.

[Deepb]

I donot have any proof with me that I reentered the country as they didnot issue me a new I-94.

But as per the immigration officer he says I entered back in L1 I-94 and there is a record in his database.

Is it mandatory that I should have a proof with me that I reentered the country or can I believe what was told by the officer?

[shervin143]

Do you have a valid I-94 now? If yes, how did you get that? Is that the one that you already had with the L1? When you entered Mexico, didn't you surrender your current I-94? Did yo tell the immigration officer that you wnat to enter U.S in H1B instead of L1?

[Deepb]

Sorry abt the delayed reply.

Yes I have a valid I-94 that was issued when I entered into US last year on L1. I tried giving it to them and they refused to get it as it is still valid and refused to issue a new one.

I told I wanted to enter into US in L1. So he told they have an entry in the system that I have gone out and reentering US on L1 but cannot issue a new I-94.

Do you have a valid I-94 now? If yes, how did you get that? Is that the one that you already had with the L1? When you entered Mexico, didn't you surrender your current I-94? Did yo tell the immigration officer that you wnat to enter U.S in H1B instead of L1?

[shervin143]

Ok, that makes sense. You want to re-enter in L1 and since the trip was very short, they asked you to use the same I-94. So what is the issue now? If you want to work in H1B. then you need to file a COS to H1B or you need to leave and re-enter in H1B. You will have to return your L1 I-94 if you decide to do that.

[Deepb]

My H1B employer is not very sure abt the status in which I am. Is there anyway that my current visa status can be confirmed to avoid another long trip and money and time.

Thanks for your help.

Ok, that makes sense. You want to re-enter in L1 and since the trip was very short, they asked you to use the same I-94. So what is the issue now? If you want to work in H1B. then you need to file a COS to H1B or you need to leave and re-enter in H1B. You will have to return your L1 I-94 if you decide to do that.

[shervin143]

If the officer at POE did not take your I-94 from L1 and if he/she has asked you to use the same upon your return, then you are in L1 status. You can go and check with the local CBP post (Available at all international airports).