L1 to H1 Transfers

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I am currently Working for A on L1B visa. I got H1B from B. But I would like to continue on L1. Please clarify following questions.

1. I want to go to India in December for a 1 month vacation and A will pay me during this vacation.
a. Do I need to attend PA in India?
b. What happens to my L1 during following cases?
I. In case no need of attending PA in Chennai
II. If I get visa after attending PA
III. If my H1 is rejected in PA
2. How long I can work in A before joining B?
 
Rule of thumb -- according to the "last action rule", the last action taken by USCIS governs your status. If the last action was approval of H-1B, from the effective date of H-1B, you will be in H-1B status and in your case, you can no longer work for the L-1 employer. Remember, a mere approval of H-1B will not immediately change your status from L-1 to H-1B, the H-1B petition must have been filed as a change of status petition (H-1B approval notice should have an updated I-94 at the bottom) and H-1B effective date must have been reached.

Any employment with L-1 employer after the taking effect of H-1B is concerned unauthorized.

How to overcome that situation? If the L-1 petition is still valid (i.e., not revoked by the employer) and not expired, and if the associated LCA is also valid, you should get a visa on the L-1 prior to entering US and resuming work on L-1.
 
Thanks for the reply

But how can employer B apply for change of status of L1 visa of company A?

Here, B is taking the property of A...right?

And if I go to Canada/Mexico before October, can I retain my L1?
or do i need to go to India for that?
 
The H-1B employer has nothing to do with your L-1 except to prove that you are in valid non-immigrant status at the time of filing your H-1B. Strictly speaking, it is not a "change of status" petition as H-1B will have to be a "new employment". The action taken by USCIS results in a change of status and thus it is referred by many in that way.

As for reinstating your L-1 status, search this portal for the keyword "leapfrog" and you will be able to find alternatives about how to overcome that situation. It is somewhat tricky.
 
I am searching about Leapfrog..I found that going out of US by 30 sept and coming back after Oct 1st.
i
Please let me know if I am correct or not. Can I go to Canada/Mexico or do i need to go to india?
 
That is correct. However, there could be an option of taking care of the issue by filing an application with USCIS. They usually forgive these kind of things. If you talk to an attorney or your company's immigration department (if they have one), you might be able to accomplish the need with lesser pain.
 
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