Am i Out of Status

[praveencv]

Hi All,

I came to US with L1-B Visa thought company A. I have applied for H1B Visa in April 2008 through Company B.(L1B to H1B Transfer). I got my H1B petition(I-797-A) approved with i-94 attached to it. Its valid from Oct 1st 2008. But i traveled to India twice, one in September and another in November mid and came back to US by end of November without getting stamping for my H1B. Instead i came with my L1B Visa that i got earlier through my first company A and i am still working in Company A.

a) Am I out of status as my Change of status was approved by getting my H1b Petition approved? If not, can i still work with my Company A using my L1B visa.

b) If I am out of status, will there be an issue of me working in US with Company A?

c) will i be able to join company B immediately or after few months? If so what do i need to do for it ?

d) Will these cause any issue later on when i apply for my green card (since i didnt transfer to my new company in october and still working with my old company)

It would be great if someone could clear this doubts.

Thanks in advance.

 

[ginnu]

Hi All,

I came to US with L1-B Visa thought company A. I have applied for H1B Visa in April 2008 through Company B.(L1B to H1B Transfer). I got my H1B petition(I-797-A) approved with i-94 attached to it. Its valid from Oct 1st 2008. But i traveled to India twice, one in September and another in November mid and came back to US by end of November without getting stamping for my H1B. Instead i came with my L1B Visa that i got earlier through my first company A and i am still working in Company A.

a) Am I out of status as my Change of status was approved by getting my H1b Petition approved? If not, can i still work with my Company A using my L1B visa.

b) If I am out of status, will there be an issue of me working in US with Company A?

c) will i be able to join company B immediately or after few months? If so what do i need to do for it ?

d) Will these cause any issue later on when i apply for my green card (since i didnt transfer to my new company in october and still working with my old company)

It would be great if someone could clear this doubts.

Thanks in advance.[/QUOT
Your last entry to US in November 2008 is based on your L1 Visa stamp and you got I-94 based on L1 status and you are working with L1 employer. You are not out of status.

 

[kabkaba]

If you traveled out and returned on L1 in September (Before October 1) you were never out of status. Congratulations!
To work for H1 employer, you must file change of status or go out, get stamped and return on H1.