Hi,
My situation is as follows:
I am in US with Company X (L1B visa)
-Company X L1B visa expired on May 2009 and got it extended up to May 2011
-Company Y filed H1B with COS for FY10 and got it approved.
-I am still working with Company X and do not wish to join Company Y
-I understand that my status got changed to H1 on Oct 1st and currently I am working for X
without authorization.
-I will go to India for a vacation on Jan end and get the L1B stamped and enter US with L1 to correct the situation.
-After that I am planning to use the already approved H1B from Company Y as a proof when Company X files for my H1B so that it is considered as a non-cap filing and doesnt fall under the 65K quota.
Q1: Am I correct in my planning or am I missing something?
Q2: I am assuming once I have re-acquired the L1 status, filing a non-cap H1B through company X will not have any issue. Am I correct in assuming this, provided I have correct documentation.
Q3: What is the risk if Company X files the H1B as non-cap before I go to India and re-acquire the L1 status?
I would like to continue with Company X and at the same time persue the least risky path to convert my out of status situation to a valid H1B status through Company X.
My situation is as follows:
I am in US with Company X (L1B visa)
-Company X L1B visa expired on May 2009 and got it extended up to May 2011
-Company Y filed H1B with COS for FY10 and got it approved.
-I am still working with Company X and do not wish to join Company Y
-I understand that my status got changed to H1 on Oct 1st and currently I am working for X
without authorization.
-I will go to India for a vacation on Jan end and get the L1B stamped and enter US with L1 to correct the situation.
-After that I am planning to use the already approved H1B from Company Y as a proof when Company X files for my H1B so that it is considered as a non-cap filing and doesnt fall under the 65K quota.
Q1: Am I correct in my planning or am I missing something?
Q2: I am assuming once I have re-acquired the L1 status, filing a non-cap H1B through company X will not have any issue. Am I correct in assuming this, provided I have correct documentation.
Q3: What is the risk if Company X files the H1B as non-cap before I go to India and re-acquire the L1 status?
I would like to continue with Company X and at the same time persue the least risky path to convert my out of status situation to a valid H1B status through Company X.