L1 to H1 - few basic questions -Any help highly appreciated

[justcuriousaa]

Hi,

I am on valid L1B (valid till Sep 2005) currently working for Company A.
I would like to shift to H1B for Company B.
Company B has applied for my H1 already on Sept 14th.

I have few questions / doubts as below: These mught be silly.. I am a bit confused.. can someone clarify me...

1. Suppose if I get my H1 approved, what will happen to my L1. I heard H1 will take effect only when payroll is generated in the Company B. Is it So ? Can I continue to work for Company A in L1 for few months and then change to H1 for Company B.

2. Also, if I do so, I heard that I need to get H1 stamped when I go out of US. In that case, how long ( maximum period ) I can stay within US without getting my H1 stamped. If I go back after 1 year and apply for H1 stamping, will there be any problem of rejection of my H1.

3. Otherwise, suppose after getting my H1 approved, immediately if I go back to India, to get my H1 stamped and in case my H1 stamping is rejected, can I get my L1 stamped and come back in L1 for Company A ( or is there a possiblity of L1 also getting rejected becos of H1 rejection?? ).

4. Also, I have already finished 2 years on my L1, If I get my H1 approved now in Oct 2004, how long would it be valid for? another 6 years or only another 4 years?

Thanks for your advice in advance.

 

[Jim Mills]

1. Suppose if I get my H1 approved, what will happen to my L1. I heard H1 will take effect only when payroll is generated in the Company B. Is it So ? Can I continue to work for Company A in L1 for few months and then change to H1 for Company B.

The company cannot control your status, USCIS does. The day USCIS approves the change of status, your status is changed. If the company fails to put you on the payroll, you are not maintaining your status.

2. Also, if I do so, I heard that I need to get H1 stamped when I go out of US. In that case, how long ( maximum period ) I can stay within US without getting my H1 stamped. If I go back after 1 year and apply for H1 stamping, will there be any problem of rejection of my H1.

Forever, you do not need a visa stamp unless you travel.

3. Otherwise, suppose after getting my H1 approved, immediately if I go back to India, to get my H1 stamped and in case my H1 stamping is rejected, can I get my L1 stamped and come back in L1 for Company A ( or is there a possiblity of L1 also getting rejected becos of H1 rejection?? ).

There is always a possibility of rejection. Certainly, the consulate could wonder about your intent and the availability of a job since you would not appear to know where you are going to work.

4. Also, I have already finished 2 years on my L1, If I get my H1 approved now in Oct 2004, how long would it be valid for? another 6 years or only another 4 years?

4 years.

 

[justcuriousaa]

Thanks Jim for your clarification.
It was very useful for me.

Also I have few more doubts...
On question # 3 - >
Suppose if I get my H1 approved and still continue to work in L1 for few months and then go back to India to get my Visa stamped. Can I get stamped on L1 and come back here. In that case, is there a possibility of US Consulate knowing my H1 status and rejecting my L1?
Please advise

Thanks in advance.