L1 to H1 visa change - Please Help

[rashi_30]

I came to USA in May 2003 on L1. Have had 2 extensions on it. The latest one was done in Feb-Mar 2006. The new I-94 will expire in Apr 2007 (which will complete my 4 yrs on L1). L1 visa expired in Aug 2005.

There is this another company that wants me to work for them by the end of 2006 and have filed my FIRST H1(with COS) papers in Apr 2006. If I happen to get my H1 approval papers along with new I-94 by end Sep 2006 or Oct 2006....

My doubts are....
1. a. While I wait for my H1 approval papers..can I make an international trip outside USA in July-Aug 2006 and return to USA by end Aug 2006?

b. Will this trip cause any problems in my "status"? The trip will give me new I-94 on L1 visa which will be valid until Apr 2007. Will this cause any contradictions with the I-94 that I might get from H1 approval filed in Apr 2006?

2. a. After I get my H1 approval papers + new I-94...will my L1 be still valid?

b. How much time will I have on my L1 before I start working on H1?

c. How soon can I start working on new H1 job and do I need to fill forms/inform anyone that am on H1 and not on L1?

d. Will I able to be in USA on new I-94(from H1) without getting my visa revalidated/stamped? Will no stamp change anything or any of the above answers?

Thanx for your time and any help on this will be greatly appreciated.

 

[GotPR?]

I came to USA in May 2003 on L1. Have had 2 extensions on it. The latest one was done in Feb-Mar 2006. The new I-94 will expire in Apr 2007 (which will complete my 4 yrs on L1). L1 visa expired in Aug 2005.

There is this another company that wants me to work for them by the end of 2006 and have filed my FIRST H1(with COS) papers in Apr 2006. If I happen to get my H1 approval papers along with new I-94 by end Sep 2006 or Oct 2006....

My doubts are....
1. a. While I wait for my H1 approval papers..can I make an international trip outside USA in July-Aug 2006 and return to USA by end Aug 2006?

No one stops you from internatioal travel , but if you travel while COS is pending, your COS application is void and you need to get H1 stamp before you work for H1 company.

b. Will this trip cause any problems in my "status"? The trip will give me new I-94 on L1 visa which will be valid until Apr 2007. Will this cause any contradictions with the I-94 that I might get from H1 approval filed in Apr 2006?

It does not cause problem to your L1 status as long as your L1 status is valid and you enter the US w/ valid L1 stamp, but you can not change your status to H1 in the US if you travel before COS approval.

2. a. After I get my H1 approval papers + new I-94...will my L1 be still valid?
b. How much time will I have on my L1 before I start working on H1?
c. How soon can I start working on new H1 job and do I need to fill forms/inform anyone that am on H1 and not on L1?
d. Will I able to be in USA on new I-94(from H1) without getting my visa revalidated/stamped? Will no stamp change anything or any of the above answers?

a. You L1 status gets void once your H1 start date comes.
b. To be strict, you need to start working for H1 company as soon as H1 start date comes.
c. you do not need to inform anybody about your new status. CIS approves your H1 knowing you'll be on H1 upon H1 start date.
d. You can stay in the US with new I94(H1) as long as you do not travel during COS is pending. WHen you travel first time after H1 start date, you of couse need to get H1 visa stamp.

 

[rashi_30]

Thanx a bunch GotPR....some more doubts..

Is there any way to continue working on L1 till say Jan 07 (coz L1 is valid till Apr 07). This is because I cant quit the current job till then coz of project needs.

Also is there any way we can travel on L1 and reenter on L1 after COS approval but before H1 start date or 1st Oct 06. This link I came across has confused me...
http://www.murthy.com/news/n_cosapp.html

 

[GotPR?]

You can travel after COS approval and before H1 start date.

once H1 start date comes your status becomes H1, not L1, therefore you are required to work for H1 employer not to violate your H1 requirement. I heard 60 days is allowed window, but i have never seen that rule in law.

 

[rashi_30]

Thanx again GotPR.

1. Has anyone travelled out of USA after COS approval but before H1 start date? What is the success rate on this?
We are contemplating doing this...but again the COS approval notice has to be with us well before the start date (which is what....Oct 1)...now what are the chances of that (no not premium processing)

2. Is there anyone who has joined after the start date? I have also heard of the 60 day rule...but as most issues here, there is no law mentioned for this too...
SO, for how long have people waited after the start date before joining the H1 employer...without getting into trouble?

ANyone....any thoughts/comments/suggestions....appreciated....Have a nice day all!!