L1 to H1 Conflict

[sand1976]

Hi,

I am on L1 and I am in US.
Now I did apply for my H1 and this got approved.

I have few questions -
1. Do I have to change my employer on Oct 1st?
2. Can I continue on L1 even my CoS has been approved on my H1?
3. If I want to continue on my L1 then do I have to travel outside of US and again enter on L1?
4. Can I ask my H1 employer to revoke my H1?
5. Do I have to travel outside of US along with my family or my reentry will fix the issue?

I know it's kind of crazy to plan to continue on L1 when the H has been approved
Thanks in advance for the response.

[RV81]

I am going through the same situation and I did ask these questions to my attorney, here is what I learned from him,

1. Do I have to change my employer on Oct 1st?
>> we have 60 days to find a job and switch to H1 ( ie, our deadline is 1st Dec 2012).

2. Can I continue on L1 even my CoS has been approved on my H1?
>> No we can't.

3. If I want to continue on my L1 then do I have to travel outside of US and again enter on L1?
>> Yes, that is the only option, travel outside and enter back on L1 Visa - this means you will lose your H1 status.

4. Can I ask my H1 employer to revoke my H1?
>> to the best of my knowledge, No

5. Do I have to travel outside of US along with my family or my reentry will fix the issue?

>> sorry, I don't know that.

Thanks
RV

[RV81]

Btw - When did your H1 application reach the consulate & when was it approved? Mine was accepted on 1st May 2012, and still waiting for the approval...

[shervin143]

This information is completely incorrect. What do you mean you have 60 days to find a job? Without the job how did the employer file the petition for you? H1B is a full time job and the employer should pay you irrespective of whether there is work or not starting from Oct 1st (Whether they can place you at a client site or not is their headache and not yours). USCIS will not approve the petition of there is no job. Looks like the employer filed the petition with false information about the work availability. Any time spend in U.s without a valid pay slip on H1B or L1 status will be considered to be out of status. I suggest you consult a good immigration attorney on your own.

Check the below link

https://www.immihelp.com/h1-visa-holder-responsibilities/

1. Do I have to change my employer on Oct 1st?
>> we have 60 days to find a job and switch to H1 ( ie, our deadline is 1st Dec 2012).

[shervin143]

Th entire family should exit and re-enter back in L1/L2 visas to get back to L1/L22 status.

5. Do I have to travel outside of US along with my family or my reentry will fix the issue?
>> sorry, I don't know that.

[RV81]

Shervin,

I am currently working for company-A on L1B.

Company B filed my H1, what I was told by Company-B's attorney is, continue on Company-A ( on L1B) and resign from them any time between 1st october and 1 st December. (Comany B is a consulting firm).

As you suggested, I will check with a second attorney.

Thanks
Raneesh

[shervin143]

The attorney that you are consulting doesn't seem to know the H1B regulations or they are purposely misleading you to help the employer escape without paying you the salary while you were on H1B. I strongly suggest you consult a good immigration attorney on your own. Once the COS to H1 gets approved, you will be in H1B status (as of Oct 1st). When you are in H1B status, you should not be working for the L1 employer. If you work, that employment will be considered as illegal employment. You should be working for the H1B sponsor as of Oct 1st and get paid. Irrespective of whether they have work for you or whether they can place you at the client site or not is their problem. They should be paying you as per the approved LCA. Get a copy of the aproved LCA and verify it. They are suppose to hand over a copy to you. If you do not get paid by your H1B sponsor after the H1B effective date, then you are considered out of status on H1B and it can cause issues in the future. You can always complain to DOL and make the employer pay you as per the approved LCA. If you want to continue with the L1 employer, then leave the country before the H1B effective date and return back after the H1B effective date on your L1 visa which will get you a new I-94 associated to L1 that will put you back n L1 status. Remember to return all the I-94s including the one that came with the H1B approval when you leave the country.

Shervin,

I am currently working for company-A on L1B.

Company B filed my H1, what I was told by Company-B's attorney is, continue on Company-A ( on L1B) and resign from them any time between 1st october and 1 st December. (Comany B is a consulting firm).

As you suggested, I will check with a second attorney.

Thanks
Raneesh

[sand1976]

I am now more confused :-s
Why I cnt get my H revoked? I have a job and was trying for another job and now I dnt want to work for them.
The USCIS has got their money for filing.
I will have my payroll with my L1 Employer and hence I never will be without a payroll.

If I do travel and enter my H status will dropped and I will be good to continue with my L so why the same I cnt do being here....
Just some logical questions though I understand USCIS is not logical at all

[shervin143]

Why I cnt get my H revoked? I have a job and was trying for another job and now I dnt want to work for them.
The USCIS has got their money for filing.
I will have my payroll with my L1 Employer and hence I never will be without a payroll.
>>> Do you know there are L1 and H1B status? Each status has a purpose. When you are in H1B status you should be working and getting paid by the H1B sponsor to maintain the H1B status. When you are in L1 status, you should be working and getting paid by the L1 employer. That is why it is called as COS - Change of status. If you can simply move from L1 employer to H1B employer any time, then why do they have the Oct 1st start date for new H1B petitions. Did you ever think about it? First of all find out if the H1B is approved for COS or for consular process. If it is approved for COS (with a new I-94), then you should be working for the H1B employer as of the H1B effective date. If it is approved for consular process, then you cannot work for the H1B sponsor unless you leave the country and return back in H1B visa.

If I do travel and enter my H status will dropped and I will be good to continue with my L so why the same I cnt do being here....
Just some logical questions though I understand USCIS is not logical at all
>>> Well, if you leave and return back in L1 visa, you will get an I-94 associated to the L1 petition which will put you back in L1 status allowing you to continue working for the L1 employe (It will work if you leave before the H1B status starts (Oct 1st) and return back in L1 visa after the H1B effective date). If you continue to stay in U.S, your status will change to H1B as of Oct 1st and your employment with the L1 employer will be illegal.