L1 to H1 w/o COS - Guidance

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optimizt

New Member
Hello all & mainly senior members,

Am presently on a L1B with co A till 2010 but am planning to shift the status to a H1B with co B this year in the 2009-10 quota. I would request your guidance on the below:

1) If I file a H1B without COS, can I continue with my present employer co A and the present status L1B even after Oct 1 2009 ? Pl note, I plan to travel back and forth to India and other countries during this period so the I-94 may keep on changing.

2) If the H1 application is without COS, can I later go to the home country may be in 2010 (India) and re-enter US on a L1B again if I plan not to get the H1B visa stamped?

3) In situation no. 2, does the H1 application get canceled or can it be maintained till 3 years for future COS and H1 transfer possibilities ?

It would be very nice if senior members can provide some guidance on this.

Regards,
optimizt
 
optimizt said:
Hello all & mainly senior members,

Am presently on a L1B with co A till 2010 but am planning to shift the status to a H1B with co B this year in the 2009-10 quota. I would request your guidance on the below:

1) If I file a H1B without COS, can I continue with my present employer co A and the present status L1B even after Oct 1 2009 ? Pl note, I plan to travel back and forth to India and other countries during this period so the I-94 may keep on changing.
------- Yes, you can travel on L-1 without having any impact on the approved H-1B petition without COS.
2) If the H1 application is without COS, can I later go to the home country may be in 2010 (India) and re-enter US on a L1B again if I plan not to get the H1B visa stamped?
------- Yes
3) In situation no. 2, does the H1 application get canceled or can it be maintained till 3 years for future COS and H1 transfer possibilities ?
-------- the H-1B petition will remain valid until its expiration date. For future H-1B COS, by law, you can change it but USCIS can question the existence of the underlying job mentioned in the H-1B petition, especially if the delay was too long. H-1B laws are constantly changing, for example, companies benefitting from TARP funds not to employ H-1Bs etc., so you never know what laws are prevailing at that time
It would be very nice if senior members can provide some guidance on this.

Regards,
optimizt
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