Have L1 Blanket & H1B visas - Which one is valid

[subtodhanam]

Hello All,

Need your valuable advise !!!

Past 2+ years, I'm working for employer A thruough L1 visa. Last October 2005, I got converted type H1b (from L1 to H1) visa with I-94 from employer B. But still I am working with employer A through L1 visa. My L1 pettion and I-94 is valid till Sep 2006. But, L1 visa stamping will be expired on Feb 18 2006.

Now, employer A is requesting me to travel to India for 3 weeks transition and return back(before on Feb 15, 2006) to USA.

My questions are

- What is my current visa status ( Is it L1 / H1 )
- Can I travel to India and return back using my L1 visa without any issues?
- Is My L1 visa valid after I got converted H1B visa also?
- What will happen my H1B visa status after I enter into USA using my L1 visa?
- Is there any possiblity there to reject me in the port of entry by INS due to two different visa status?
- will it be probelem If I join to employer B through h1b after I come back from India through L1 visa

Any response will be greatly appreciated.

 

[subtodhanam]

Hello All,

Need your valuable advise !!!

Past 2+ years, I'm working for employer A thruough L1 visa. Last October 2005, I got converted type H1b (from L1 to H1) visa with I-94 from employer B. But still I am working with employer A through L1 visa. My L1 pettion and I-94 is valid till Sep 2006. But, L1 visa stamping will be expired on Feb 18 2006.

Now, employer A is requesting me to travel to India for 3 weeks transition and return back(before on Feb 15, 2006) to USA.

My questions are

- What is my current visa status ( Is it L1 / H1 )
- Can I travel to India and return back using my L1 visa without any issues?
- Is My L1 visa valid after I got converted H1B visa also?
- What will happen my H1B visa status after I enter into USA using my L1 visa?
- Is there any possiblity there to reject me in the port of entry by INS due to two different visa status?
- will it be probelem If I join to employer B through h1b after I come back from India through L1 visa

Any response will be greatly appreciated.

 

[GotPR?]

- What is my current visa status ( Is it L1 / H1 )
- Can I travel to India and return back using my L1 visa without any issues?
- Is My L1 visa valid after I got converted H1B visa also?
- What will happen my H1B visa status after I enter into USA using my L1 visa?
- Is there any possiblity there to reject me in the port of entry by INS due to two different visa status?
- will it be probelem If I join to employer B through h1b after I come back from India through L1 visa

1) you are on H1
2) Once you go out, your are statusless and which visa you use to reenter next time will determine your next status. But you should be aware of you are out of status right now.
3) L1 visa is valid. But L1 "status" is not valid at this momenet in strict sense.
4) If you reenter with L1, you are not H1 status.
5) Maybe fine, but can not say for sure.
6) If you file COS, you can.

 

[subtodhanam]

Thank you very much for these details. I have 3 more questions.

Could you give more detailed info abt why am I out out of status now?
Is that illegal to work over here?
What do you mean COS?

 

[GotPR?]

As you got I94 when you change to H1, your status was changed to H1 automatically in the US and you are required to work for H1 employer(B).
if you look at new I94, you'll see employer;s name(company B), validity period(from start date to exipration date), and class(H1). This means once you reach validity period of I94, you are on H1, not L1. What is validity period of new I94 ?
As H1 holder, you must be paid by H1 employer(B), otherwise it is considered
out of status.. You MUST work for B, not A.

COS is change of status which allows you change status from one status to another.