Can I Work on Old L1 after H1 Approved

[welcome000]

Currently I am working for company A in USA on L1 visa. I got my H1B approval letter on Dec 17 with status change from Oct 1 2007. Due to unavoidable circumstances I can not move to company B (who sponsored H1B) till Feb 2008.

1. Is there a way so that I can stay in company A (on L1) till Feb 2008?
2. What are the legal risks if I decide to stay in company A (on L1) till Feb 2008?

My wife on L2 visa has work authorization valid till March 2008. With my H1B approval, her status changed from L2 to H4. She wants to apply for H1B in March 2008
1. Working with work authorization till March 2008 will affect H1B approval process?
2. Can she stay in L2 visa till expiry of work authorization?

thanks for your useful suggestions.

 

[bigboy00]

Currently I am working for company A in USA on L1 visa. I got my H1B approval letter on Dec 17 with status change from Oct 1 2007. Due to unavoidable circumstances I can not move to company B (who sponsored H1B) till Feb 2008.

1. Is there a way so that I can stay in company A (on L1) till Feb 2008?

-- You are no longer on L1 status from Oct 2007, you are on H1B. You (i.e. your company) have to file for the change of status to L1 and then only you can work on L1.

2. What are the legal risks if I decide to stay in company A (on L1) till Feb 2008?

-- The risk is to get caught - since you will be working illegaly. You are NOT on L1 anymore!!! If you have not joined the company who sponsored your H1, you are out of status.

My wife on L2 visa has work authorization valid till March 2008. With my H1B approval, her status changed from L2 to H4. She wants to apply for H1B in March 2008

-- I belive L2 to H4 is not automatic. You should have applied for her change of status. Confirm with the lawyer.

1. Working with work authorization till March 2008 will affect H1B approval process?

-- No. Because I do not think she is on H4 YET. Again confirm this with a lawyer.

2. Can she stay in L2 visa till expiry of work authorization?

-- If her I-94 is still valid, she will not accrue illegal presence. But since you are not on L1, she is out of status (not on L2).