L1 and H1 without COS?

H

He-man

New Member
Similar situation, different question.

I Work for Company A which holds my L1. I'm Currently in the US on L status.
Company B is ready to sponsor my H1. Which being subject to Cap won't be usable till Oct' 1st.

Can I file for H1 with Company B and not file for a Change of Status from L to H? Company B is agreeable to any terms that I may have.

Is it possible to just have an approved petition and not a new I-94?

That would give me the flexibility to change my status when I chose to leave my current job. At that time I can go back, get my H1 visa stamped and enter the US again and work for Company B.

Is this possible / are there any laws that would prevent me from doing so?
 
He-man said:
Similar situation, different question.

I Work for Company A which holds my L1. I'm Currently in the US on L status.
Company B is ready to sponsor my H1. Which being subject to Cap won't be usable till Oct' 1st.

Can I file for H1 with Company B and not file for a Change of Status from L to H? Company B is agreeable to any terms that I may have.

Is it possible to just have an approved petition and not a new I-94?

That would give me the flexibility to change my status when I chose to leave my current job. At that time I can go back, get my H1 visa stamped and enter the US again and work for Company B.

Is this possible / are there any laws that would prevent me from doing so?


No law prevents to get new H1 (with no I 94), for any one who is in US or out side US, status or not in status.
Click to expand...
 
L1B to H1B without COS

Hi,

i am also in similar situation

I applied for H1B when was in india.
now I am in USA on L1 and my H1 petition is also approved
1. Can I have 2 petitions with me now
2. Can I discontinue working with my L1 Company now
2. Can I start working for my H1B Company now
3. Do I need to go back to India or Canada or mexico for H1B stamping to work for h1b company


Thanks
Rambo
 
ramachary said:
Hi,

i am also in similar situation

I applied for H1B when was in india.
now I am in USA on L1 and my H1 petition is also approved
1. Can I have 2 petitions with me now
2. Can I discontinue working with my L1 Company now
2. Can I start working for my H1B Company now
3. Do I need to go back to India or Canada or mexico for H1B stamping to work for h1b company
Thanks
Rambo
Click to expand...

Did you get I94 attached on H1 approval notice ? If so, your staus
was changed to H1 automatically upon your start date on approval,
and you can start working on the start date without leaving the US.
In fact, you have to join H1 company since you are not on L1 anymore.
If you do not get I94 with approval, your status is still on L1, and
you need H1 stamp and enter the US to be H1 status.

I guess your case is latter since you applied for H1 while you were
out of the US, but just clarify.
 
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L1 to H1

Hi ,

I am currently working in US on L1 Visa thru Comp A....& got H1 petition approval from Comp B with valid I-94. Now my question is ..Do I need to immediately switch from Comp A to Comp B ...or I can wait for 3-4 month
Another thing is ....Can I make a India trip on my L1 & come back after L1 stamping ....will that automatically cancel my H1B ( which is not yet stamped ....but I can see a I-94 with petition approval ).

Pls help me.
 
Anu_Kan said:
Hi ,

I am currently working in US on L1 Visa thru Comp A....& got H1 petition approval from Comp B with valid I-94. Now my question is ..Do I need to immediately switch from Comp A to Comp B ...or I can wait for 3-4 month
Another thing is ....Can I make a India trip on my L1 & come back after L1 stamping ....will that automatically cancel my H1B ( which is not yet stamped ....but I can see a I-94 with petition approval ).

Pls help me.
Click to expand...

I heard that max 60 days is allowed before joining H1 company. I read it at murhty.com, but I could not find official doc backing up 60days deadline.
Technically, you are on H1 status once start date has passed.

I'm not sure if your H1 approval is cancelled when you get L1 stamp(probably NOT). Are you going to enter the US with new L1 stamp ? If so, your status will be L1 again and can or cannot work for company B depending on your circumstances. If your H1 start date is reached when you enter the US, you probably need to go out again and get H1 stamp before you start working for Company B.
If start date is not reached yet, this link may help.
http://www.murthy.com/news/n_cosapp.html
 
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