L1/h1 cos

[maverick144]

Hi,

I’m in US on L1. While working for L1 through employer A,I have applied for H1 in June’11 through Employer B. H1 was approved on Jan’12 1st week.

Since my L1 expiry date was Aug’11,my employer A applied for L1 extension in July’11 and it is also approved with COS on third week of Jan’12 ( Just 2 weeks after H1 COS).

1) Now since L1 COS is approved after 1 week of H1 COS,what is my current status.L1 or H1?

2)My employer B attorney says that since I have valid I-94 for both L1 and H1, both are valid and I can work for H1 employer anytime without any further COS or approvals. How far is it true? He is not confident though.

3) I also hear from my some of few colleagues that since L1 I-94 and H1 I-94 has the same number and L1 is approved after H1,the latest status would be L1 and I need to apply for H1 COS separately if I want to work for H1. I’m confused between points 2 and 3.

Please provide which one is accurate and valid.

[shervin143]

1) Now since L1 COS is approved after 1 week of H1 COS,what is my current status.L1 or H1?
>>> You are in l1 status as the L1 extension got effective last. Search and read about the last action rule.

2)My employer B attorney says that since I have valid I-94 for both L1 and H1, both are valid and I can work for H1 employer anytime without any further COS or approvals. How far is it true? He is not confident though.
>>> That is not correct. You will either need to file a COS from L1 to H1B or you should leave the country and return back in h1B visa to work for the H1B sponsor. Better get advise from a proper attorney. This attorney doesn't seem like what he/she is talking. Once you are in H1B status, you should be working for the h1B sponsor. any employment with the L1 employer is illegal.

3) I also hear from my some of few colleagues that since L1 I-94 and H1 I-94 has the same number and L1 is approved after H1,the latest status would be L1 and I need to apply for H1 COS separately if I want to work for H1.
>>> That is correct.