L1 to H1 Transfer - URGENT PLS HELP

R

ram7013

New Member
I came to US through Company A on L1 in 2003. I am still working for company A. In May 2005, Company B applied for H1B - and got approved in Oct 2005 (valid till 2008).

Company A applied for I-94 extension in Oct 2005 as my L1 expired in July 2005 and I-94 expired in Dec 2005. Now I got RFE for the same recently.

My questions;
1) Can i now move to Company B which applied for H1B?
2) Will there be any problem when i go to India for stamping (as H1) after i move to company B?
3) What will happen to the I-94 extension that Company A has applied? Will I be in legal status (H1B) even if I-94 extension for L1 is denied?

Please HELP.
 
It depends.
Did you get new I94 attached to H1 approval notice ? and what is the start date of H1 on approval notice ?
 
1) your status is H1, not L1, therefore you must have been working for H1 company since Oct 2005. You are currently violating H1 visa rule.
2) MAY be ok.
3) If you file I94 extension after H1 start date has been reached, technically that I94 extension is not valid as you were not on L1 status when you filed extension.
 
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For #1,
Is there anything that I or my new H1 employer can do, so that there will not be any issues in future(due to this violation)...like informing INS that i have moved to Company B etc (or anything else that you can think of)?

In other words..what should i do now?
 
What you sholuld do is joining company B or change back to L1 status if you keep working for L1 company. In case you change back to L1 status, CIS may ask you some proof that you were in status, and they may ask for some pay stub from company B. You do not have those right now. Therefore, joining B is easier solution, if you do not mind to join them.
 
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