COS ( L1 to B2 to H1)

M

mili3105

New Member
My current employer wants me to go back to India. I would not like to go back as I am here with my family ( wife and 2 small daughters) and It will be too much trouble going to India and coming back to US before Oct,2006 as I got a new H1B ( COS from L1A) valid from 1st of Oct. I know couple of ways to maintain my legal status in US if my employer withdraw my current visa in July'06--

1 COS to F1-- Student visa -- from Aug'06 to Sept'06

2 COS to B2 ( visitor visa)-- from Aug'06 to Sept'06

Clarifications:

1 If I apply COS to F1/B2, what will happen to my new H1B ( start date from 1st Oct)? Do I need to again apply for COS from F1/B2 to H1? If yes, When and How can I do it?

2 Will there be any issue applying COS to F1/B2 from US (within US)?

3 How can I apply for B2 from US (within US)? When Should I apply for it, after or before my employer withdraw my current visa ( L1A)? what are the forms and documents required?

4 Can I just stay ( without working) in US without applying for any COS as my current I-94 is valid till June-2008 and my new H1B is also already approved?
 
1. In your case, I believe the last action rules. i.e. F/B will remain valid even beyond Oct and you can not start working in Oct unless you entered the US with H1 stamp. But there are some cases that the last action may not rule, so I recommend to talk to lawyer.
2. COS can be done ONLY in the US. YOu need to convince CIS why you need these status.
3. File I539. You have to do it before L1A gets withdrawn.
4. No you can't.
 
Hi

Thank you very much for your fast reply. some clarification:

Considering last action rule, my new h1b is valid from 1st Oct even thought it got approved last week. so last action is H1B, not B2 or F1.

Pl check this link for the details.
http://www.murthy.com/news/n_cosapp.html

In which are the cases, lasr action rule doesn't apply?

If I don't want to leave this country, what are other option available to me?
 
Link's case was the one I was talking about, saying old COS remains valid, but it's not the same as your case. You are actively going to do COS to B/F after H1 approval, therefore last action is considered B/F COS.
you should confirm with lawyer.
 
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