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L1 to H1 transfer- URGENT!!!

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  • L1 to H1 transfer- URGENT!!!

    Currently I'm working for company A, under L1-B status and company B had applied for my H1-B Visa and it was approved. I'm eligible to work for company B from Oct 1st 2007 onwards. But I don't want to quit my current job with Company A until Jan 2008.

    My question is,
    1)Can I still work for Company A under L1-B while I've an approved H1-B visa for company B?

    2) What steps should I take now to take up a new job with Company B?

    3)
    One more thing to add is that I've a new I-94 card for L1 status when I traveled back to US in May after 3 weeks of personal visit to my home country. In other words,I re-entered US on L1 while my COS was still pending.
    And my H1 was approved during May itself with my another I-94 number on it. In this situation what will be my current status, L1/H1?

    Your responses are really appreciated.
    Thanks for your time.

  • #2
    Currently I'm working for company A, under L1-B status and company B had applied for my H1-B Visa and it was approved. I'm eligible to work for company B from Oct 1st 2007 onwards. But I don't want to quit my current job with Company A until Jan 2008.

    My question is,
    1)Can I still work for Company A under L1-B while I've an approved H1-B visa for company B?

    2) What steps should I take now to take up a new job with Company B?

    3)
    One more thing to add is that I've a new I-94 card for L1 status when I traveled back to US in May after 3 weeks of personal visit to my home country. In other words,I re-entered US on L1 while my COS was still pending.
    And my H1 was approved during May itself with my another I-94 number on it. In this situation what will be my current status, L1/H1?

    Your responses are really appreciated.
    Thanks for your time.

    Comment


    • #3
      If I were you, I would pack up all my things and leave Company A and start working for Company B immediately. After all, this is the legal implication of the CHANGE OF STATUS that has been requested on your behalf by Company B which the USCIS accordingly approved. Moreover, I'm sure that what has been requested is a CHANGE OF EMPLOYER, not CONCURRENT EMPLOYMENT. You should have started receiving your pay stub from Company B since October 01, 2007. Time is ticking away, and once it's lost, it's lost forever.

      Comment


      • #4
        Thanks for your reply Rough Neighbor.

        Does this cause any problems during stamping? Should I re-enter USA under my existing L1/ after new H1 stamping. Can I continue job on H1 straight away?

        Please advise.

        Comment


        • #5
          If you will go out of the US and come back during the validity of your L-1B stamp in your passport, there may be no any possible problems. But if you will secure a new nonimmigrant visa after expiration through consular process, you must justify your maintenance of your "current" status which is H-1B. The normal documents being required by embassy/consulate are duly signed Employment Contract, employer's tax records, and your own pay records. Sometimes your individual tax documents are also required.

          Comment


          • #6
            Please answer my third question as well....

            3)
            One more thing to add is that I've a new I-94 card for L1 status when I traveled back to US in May after 3 weeks of personal visit to my home country. In other words,I re-entered US on L1 while my COS was still pending.
            And my H1 was approved during May itself with my another I-94 number on it. In this situation what will be my current status, L1/H1?

            Comment


            • #7
              Whoops! Cluck, cluck, cluck! Not necessarily. H-1B visa category is a distinct critter.

              Smartyy, if you have your I-129 approval notice in hand, on the left side of the page, you can find two dates - Receipt Date: April 2007 and Notice Date: May 2007 (it being the APPROVAL date of your I-129 petition).

              While on the right side, below yours and your employer's names, reads - Valid from: 10/01/2007 to 09/30/2010.

              The point is that your change of status (COS) officially took effect "not" on the approval date of May 2007 but on its validity start date of October 01, 2007.

              Big difference, yeah? Cluck, cluck, cluck!

              Comment


              • #8
                Hello Rough Neighbor,
                I have a similar question though not exactly the same..hope that u wud be able to clear my doubts. Here's the situation:

                I am working on a L-1B visa for company A. I plan to have my H-1B filed by another company B this year. However, due to my commitments at company A, I may not be able to join company B before Jan/Feb 2009. My questions are:
                1.) Should I apply for a "transfer from L1 to H1" or for a new H1? Does "transfer from L1 to H1" effectively means filing for a change of status?
                2.) If I apply for "transfer from L1 to H1", does my L1 stands void after 1st Oct 2008? (assuming my H1 is approved)
                3.) If I go for a new H1 (which seems a more sensible route to me), then can I start working for company B straightaway without getting my H1 stamped or without filing for a change of status (assuming that I do not leave US during this time).
                4.) Is there a time frame starting from Oct 1st 2008, within which I would have to join company B in order to retain my H1 (of course it will expire after 3 years automatically, but can I join company B, say, after 2 years from Oct 1st 2008?)

                Please answer these questions. It will help me a lot!!

                Thanks

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by abhishekh thakur07:
                  Hello Rough Neighbor,
                  I have a similar question though not exactly the same..hope that u wud be able to clear my doubts. Here's the situation:

                  I am working on a L-1B visa for company A. I plan to have my H-1B filed by another company B this year. However, due to my commitments at company A, I may not be able to join company B before Jan/Feb 2009. My questions are:

                  1.) Should I apply for a "transfer from L1 to H1" or for a new H1?

                  It's aptly called a change of status.

                  Does "transfer from L1 to H1" effectively means filing for a change of status?

                  Yes.

                  2.) If I apply for "transfer from L1 to H1", does my L1 stands void after 1st Oct 2008? (assuming my H1 is approved)

                  Not unless you'll apply for a concurrent employment, e.g. 15 hours/per week for Company A under L-1B and 25 hours/per week for Company B under H-1B. You need to be guided by an immigration practitioner to do this.

                  3.) If I go for a new H1 (which seems a more sensible route to me), then can I start working for company B straightaway without getting my H1 stamped or without filing for a change of status (assuming that I do not leave US during this time).

                  Yes, the rule under AC21 states that you can do so as soon as a new petition has been filed by Company B.

                  4.) Is there a time frame starting from Oct 1st 2008, within which I would have to join company B in order to retain my H1 (of course it will expire after 3 years automatically, but can I join company B, say, after 2 years from Oct 1st 2008?)

                  There's no allowance or set time frame. It should be an immediate commencement of employment. But in your case, it seems that the "concurrent employment" option will solve your dilemma. Discuss this avenue with your lawyer.

                  Please answer these questions. It will help me a lot!!

                  Thanks

                  You're welcome. But as I always say, consult with a lawyer who should have a final say on your situation. The info you can get from here is good only for discussion without legal bearing. </div></BLOCKQUOTE>

                  Comment


                  • #10
                    Hello Abhishek,
                    I am in exactly the same situation as yours.. If I get any useful information, I will definitely post it. I request you to please post any info that you get from a lawyer here..
                    Thanks !

                    Comment



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