L1 to H1 transfer (2007 case)...Need Urgent Help

[fromminnesota]

I came to US in 2006 on L1 (I-94 expiring in Oct-08) through an Indian Employer (say A). In Oct 2007 I received H1B approved with COS approved and I-94 starting from 1-Oct-2007, through Employer B. Employer B asked me to continue working for Employer A on L1 until he finds job for me. Till date (Mar-08), he could not anything for me and I am still working for Employer A on same L1.

Recently going through this forum, I reliazed that since my H1B with COS was approved on 1-Oct-07 and got the new I-94, my L1 became void. I want to know, what are option in the current scenario,


1) Just to confirm once again is my L1 invalid eventhough L1/I-94 is valid till Oct-08?

2) If my L1 is invalid because I got new I-94 with approved H1B then does that mean currently I am working illegaly for Employer A?

3) Is my H1B still valid after 6 months of approval though I have not yet started working for Employer B? Someone told me that if person is in US at the time of approval then person should move to employer's (in my case employer B) payroll within 60 days of approval. Is that true? If "Yes" does that mean my H1B is void?

4) What are my options to remain in US with either employer?

I would greatly appreciated if someone could guide me in the right direction.

Thanks & Regards,
A person in need

 

[laborvisalaw]

You cannot have both H-1B and L-1 status. Once your H-1B was approved and your H-1B I-94 was issued, your L-1 I-94 was superseded and your L-1 status became invalid.

Your continued employment with employer A is probably illegal and you should act urgently to make sure that your work for employer A is authorized.

Good luck-

 

[fromminnesota]

Thanks laborvisalaw.

Could you please tell me, if my H1-B is still valid? If I switch to Employer B, would my status be legal?

 

[manwithnoname]

Your H-1B is valid if you are in the payroll of the sponsoring employer.