From L1B to H1B

[eswarsagar]

I am an Indian Citizen came from India to USA in Feb,06 with L1B valid till Dec 2008 thru my present employer. In USA I apply for H1B in April,06 thru premium processing sponsered by another employer and it got approved effective from 1st Oct.2006. Now can I continue with my present L1B employer after 1st Oct.2006 if not what I need to do to continue with my present employer,like cancelling/surrendering my H1B. Will my L1B going to be stand cancelled automatically from 1st Oct.2006?Am I compel to leave my present job with my employer who holds my L1B.

If I intend to join my H1B employer after some time say 6 months or 1 Year and want to continue with my present employer (with out cancelling /surrendering my H1B) who holds my L1B can I do so or I will be violeting any immigation law.

My present employer who holds my L1B has filed the L2 visa for my family in India (on my L1B)and the PA is yet to happen. After 1st Oct when my H1B is going to be effective can my family appear for PA for L2 say on a date after Oct.06.

 

[GotPR?]

Now can I continue with my present L1B employer after 1st Oct.2006 if not what I need to do to continue with my present employer,like cancelling/surrendering my H1B.

Buy air ticket, take a short vacation out of the US, and reenter the US with L1B stamp. You are good to keep working for L1B company.

If I intend to join my H1B employer after some time say 6 months or 1 Year and want to continue with my present employer (with out cancelling /surrendering my H1B) who holds my L1B can I do so or I will be violeting any immigation law.

You have to get H1 stamp and reenter with H1B if you did what I said above,
and then you can start working for H1 company.

My present employer who holds my L1B has filed the L2 visa for my family in India (on my L1B)and the PA is yet to happen. After 1st Oct when my H1B is going to be effective can my family appear for PA for L2 say on a date after Oct.06.

You family MUST be H4.

 

[eswarsagar]

Time of Travel

Hi Thanks for your reply. Pl. advise when I should travel out of USA and enter to uSA with stamping on my L1B to make it valid to work with my present employer is it after 1st Oct.06 I sould start my travel from USA.

Pl. reply.

Thanks

 

[eswarsagar]

Now can I continue with my present L1B employer after 1st Oct.2006 if not what I need to do to continue with my present employer,like cancelling/surrendering my H1B.

Buy air ticket, take a short vacation out of the US, and reenter the US with L1B stamp. You are good to keep working for L1B company.





Hi Thanks for your reply. Pl. advise when I should travel out of USA and enter to uSA with stamping on my L1B to make it valid to work with my present employer is it after 1st Oct.06 I sould start my travel from USA.

Pl. reply.

Thanks

 

[GotPR?]

Hi Thanks for your reply. Pl. advise when I should travel out of USA and enter to uSA with stamping on my L1B to make it valid to work with my present employer is it after 1st Oct.06 I sould start my travel from USA.

Pl. reply.

Thanks

You should reenter the US with L1 stamp after Oct 1.

 

[eswarsagar]

Thanks

Thank you so much. It is really best solution. By this I can have & deffered my H1B with out cancelling/surrendering it and also have the option of retaining the present visa status /employer.

By L1B stamping I mean the custom clearing only as I already have the L1B valid till Dec2008.I need to simply go out of US on a vacation and come back no need to go to US consulate in my country of origin that is India and obtain PA etc.Will I get a fresh I-94 for this forthcoming trip that I plan in Oct.06

Finally will it do if I go to Canada and come back as I am staying very close to Canada even I can go by road in a couple of hours obtaining a Canada visa.

Pl. reply.

Thanks a lot in advance.

 

[GotPR?]

Thank you so much. It is really best solution. By this I can have & deffered my H1B with out cancelling/surrendering it and also have the option of retaining the present visa status /employer.

Cancelling H1B is employer's matter. If they cancelled it, you can not join them unless they filed Petition again.

By L1B stamping I mean the custom clearing only as I already have the L1B valid till Dec2008.I need to simply go out of US on a vacation and come back no need to go to US consulate in my country of origin that is India and obtain PA etc.Will I get a fresh I-94 for this forthcoming trip that I plan in Oct.06

you do not need new stamp, and will get new I94 annotated with L1B upon reentry.

Finally will it do if I go to Canada and come back as I am staying very close to Canada even I can go by road in a couple of hours obtaining a Canada visa.

They may not take your I94 upon leaving and , if so, you may not get new I94 upon entry. Not sure what happens if you surrender I94 at border. Probably, it works.

 

[eswarsagar]

Thanks for timely reply

Just a final query, I came to know there is a overlapping time for all these that is joining the new employer or continuing with L1B after H1B is approved is 60days. I mean I can go to out of USA and again come back within 30th November as 1st Oct is my H1B starting date. Pl.reply.

Thanks