From L1 to H1 - A few questions..

[satish.c]

Hi,
I'm currently on an L1 visa that is valid till 31 Dec 2010. The project with my current employer is scheduled to end by the end of this year (Dec 2009). I wish to continue working in the US under a H1 visa with another employer. I'm now in touch with a consultant who says he could file a new H1 visa petition / request for me while I'm still here. He also says that it is possible for me to obtain the H1 visa without having to leave the US, though I have serious doubts about that. I do not wish to discontinue working for my current employer, as I've made a commitment to them till the end of this year. My questions are..
1. Is it possible now for me to continue working for my current employer under L1, without going to a US consulate to get the actual H1 stamping after getting the H1 papers back after approval from USCIS ?
2. Will I have to leave the US to get the H1 stamping on my passport once I get the papers approved ?
3. When exactly am I legally required to quit working for my current employer under L1 ? Is it after I get my H1 petition papers from them , or is it only when I get the H1 visa stamping ?
I need urgent answers for these questions as the consultant is in a hurry to file the H1 papers, and I do not want to miss the chance for this year if everything is clear.
Can you please help me here ? I would really appreciate it.

Thanks,
Satish.

 

[ginnu]

Hi,
I'm currently on an L1 visa that is valid till 31 Dec 2010.
The project with my current employer is scheduled to end by the end of this year (Dec 2009).
I wish to continue working in the US under a H1 visa with another employer. I'm now in touch with a consultant who says he could file a new H1 visa petition / request for me while I'm still here. He also says that it is possible for me to obtain the H1 visa without having to leave the US, though I have serious doubts about that. I do not wish to discontinue working for my current employer, as I've made a commitment to them till the end of this year.


My questions are..
1. Is it possible now for me to continue working for my current employer under L1, without going to a US consulate to get the actual H1 stamping after getting the H1 papers back after approval from USCIS ?
-----------------------if H1 gets approved and USCIS attach I-94 with approval notice then you will be on H1 status and not on L1 status. how will you then work on L1 if L1 to H1 Change of status is approved?. if you want to work with L1 employer till December 2009 then let H1 employer file L1 to H1 COS in December with premium processing. Talk to your lawyer for more info.
2. Will I have to leave the US to get the H1 stamping on my passport once I get the papers approved ?
---------------------if USCIS attach I-94 with H1 approval and Petition is filed as COS from L1 to H1 then you can stay and work till I-94 validity, next time you go out then you will need H1 visa stamp to enter US if you want to work on H1.
3. When exactly am I legally required to quit working for my current employer under L1 ?
--------------------that is according to your understanding with L1 company.
Is it after I get my H1 petition papers from them , or is it only when I get the H1 visa stamping ?
----------do you mean working with H1 employer? you can only work if H1 gets approved and I-94 is attached with H1 approval notice, if no I-94 then go out get H1 stamp and enter on H1 status.


I need urgent answers for these questions as the consultant is in a hurry to file the H1 papers, and I do not want to miss the chance for this year if everything is clear.

-------------- Find out if that consultant has job, will pay and will not keep on bench? If he kept others on Bench in past then company may be investigated any time. DOL now is after H1 Consulting companies or employers who are violating H1 law or violated H1 law in past.

Can you please help me here ? I would really appreciate it.

Thanks,
Satish.

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