L1 to H1 transfer (2007 case)

[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

 

[manwithnoname]

Correct, the new I-94 from the H-1B approval notice will override the previous one. Once employer B failed to employ you, the best thing would be to travel out of the country and obtain a I-94 corresponding to the L-1 approval notice.

 

[Universe]

L-1 to H-1 XFR 2007

Your H-1 does not take effect unless you take up the employment. Employers may file H-1s but it is up to the employee to take up the employment. Situations change and some do not choose to switch employers. So your L-1 is very valid unless your L-1 employer terminates it.

Once you accept your H-1B employment, then L-1 is invalid.

Cheers!