Here’s my situation:
Currently I am in the US on an L1 visa with company A and company B has filed I-129 form to change my status from L1 to H1B; Company B has also filed I-539 for change of status of my dependents from L4 to H4. I have obtained the USCIS receipt with the EAC numbers for these applications. Company B has recently converted the application to premium processing.
In parallel, Company A has also filed similar change of status (I-129 and I-539 forms for me and my dependents) applications, but I am yet to get the receipt for these.
I have the following queries and any help in this matter will be highly appreciated:
-Is it OK to have multiple change of status applications with both Company A and B?
-Does the applications with Company A or B take precedence over the other; since the ones with Company B are under premium processing I will get the approval notice for those before the approval notice for Company A
-Since the applications are subject to the October 2006 quota, I believe the change of status for either A or B will be effective Oct 1 and I can continue to work on the L1 visa with company A without any risk of being out of status; is my understanding correct?
-My plan is to resign from company A and go back to my home country once I get the approval notice for company B, get the H1B visa stamped and start working with Company B from Oct onwards. Are there any risks with my plan?
Also, will it matter if I don’t wait for the approval notice for company B and follow the above plan based on the fact that I have obtained the receipt numbers (I read on this forum that if I travel out of the country while the change of status is in progress, the H1 petition will be invalidated)?
-Finally, if I can manage my employment such that I am with Company A till Sep 30th and with Company B from Oct 1 onwards, do I need to go back to my home country for stamping?
In other words, will USCIS include an I-94 effective Oct 1 for the applications filed by Company B?
Will these I94 forms become invalid if I also get the approval notice (and potentially another set of I94 forms) for the applications filed by Company A?
Thanks in advance.
Jeff Keng
Currently I am in the US on an L1 visa with company A and company B has filed I-129 form to change my status from L1 to H1B; Company B has also filed I-539 for change of status of my dependents from L4 to H4. I have obtained the USCIS receipt with the EAC numbers for these applications. Company B has recently converted the application to premium processing.
In parallel, Company A has also filed similar change of status (I-129 and I-539 forms for me and my dependents) applications, but I am yet to get the receipt for these.
I have the following queries and any help in this matter will be highly appreciated:
-Is it OK to have multiple change of status applications with both Company A and B?
-Does the applications with Company A or B take precedence over the other; since the ones with Company B are under premium processing I will get the approval notice for those before the approval notice for Company A
-Since the applications are subject to the October 2006 quota, I believe the change of status for either A or B will be effective Oct 1 and I can continue to work on the L1 visa with company A without any risk of being out of status; is my understanding correct?
-My plan is to resign from company A and go back to my home country once I get the approval notice for company B, get the H1B visa stamped and start working with Company B from Oct onwards. Are there any risks with my plan?
Also, will it matter if I don’t wait for the approval notice for company B and follow the above plan based on the fact that I have obtained the receipt numbers (I read on this forum that if I travel out of the country while the change of status is in progress, the H1 petition will be invalidated)?
-Finally, if I can manage my employment such that I am with Company A till Sep 30th and with Company B from Oct 1 onwards, do I need to go back to my home country for stamping?
In other words, will USCIS include an I-94 effective Oct 1 for the applications filed by Company B?
Will these I94 forms become invalid if I also get the approval notice (and potentially another set of I94 forms) for the applications filed by Company A?
Thanks in advance.
Jeff Keng