L1B to H1 COS approved but I want to continue on L1B again

[mightynaren]

Hi,

I am currently in US on L1B (Employer A) from Dec 2009 and my H1B with COS (with Employer B) is approved w.e.f 01 Oct 2011. Now, my L1B employer (Employer A) is offering me a better package and I have decided to continue on L1B again.

1) As my status automatically changes to H1B starting 01 Oct 2011, can you please let me know what options do I have to change back to L1?

2) I have read about "leap frog" in this forum but given the current situation at PortOfEntry is it advisable to travel to Canada? I mean, will I face any issues while entering USA on L1B? Will I be questioned on why do I have H1B etc?

3) Once I come back to USA through leap frog, is my current L1B visa valid until expiry?

4) Do we have any options other than "leap frog"?

Any help on this is really appreciated.

Thank you,
Naren

[kabkaba]

Leave the US before Oct 1 and return on L1 Visa and petition after Oct 1. That will take care of status issues.
Visa is only a travel document and it will remain valid until canceled or expired. I-94 determines your status and duration of stay. You will get a new L1 I-94 when you do the above. Make sure you return both L1 I-94 and H1 I-94 when you leave the US, staple them together.

[mightynaren]

Thank you for your prompt response.

Naren

[pavvi]

L1 to H1

Hi,
I'm working for company A On L1 B and want to appply for H1 thru company B now. But I don't want to change job from L1 to H1 immediatly after my H1 get approved. SO COS is not an option for me. I need to change to H1 some time in 2012 (time is not confirmed yet) and move L1 to H1 .
What are the options that i have to get an approved H1 now and to continue on L1 until I wish to change to H1?

Thank You,
pavvi

[kabkaba]

H1 petition can be filed as consular processing without change of status.

However, once you decide to join H1 employer, they will first need to file amendment to change your status and only after approval you can start working for them. Alternatively, you will have to leave the US, obtain an H1 Visa and return in H1 status to start working for H1 employer.

[mightynaren]

Hi,

I was planning to go to Canada and return on L1 but looks like it takes more than 2 weeks to get Candian Visa. My employer wants me to travel to INDIA now on Sep 29th and return on Oct 7th.

1) Is it a safe option to travel to INDIA? Will I face any issues at Port of Entry?
2) Is there any other option given I have only 10 days left for my H1B to be in effect?

Can you please advise?

Naren

[kabkaba]

There should not be any problems.
You can get Canada's visitor Visa on the same day if you apply in person at the Canadian Embassy/Consulate nearby.

[mightynaren]

Thank you for your prompt reply.

I spoke to Candian Embassy and looks like they are not processing same day VISAs anymore.
We have to either mail the application or use drop box.

I am hoping that my trip to INDIA will not result in any issues at Port of Entry.
All my documents are valid and I was never out-of-status in US.

Also, I don't have my H1-B I94. Is it ok if I just submit my L1B I94 while leaving US?

Thank you.
Naren

[kabkaba]

I still see options to apply in person. They will never guarantee same day results in writing or over phone. They will always tell their official line about processing taking ... days/weeks/months etc.
Practically I know that they will give the Visa on same day.

[mightynaren]

Thanks a lot for your reply.

My Employer has asked me to travel to INDIA.
I will be leaving on 24th Sep and returning on 03 Oct - I hope I will not have any issues at POE.

Any suggestions?

Naren