L1A to H1B - Am I in a soup?

K

kpvisa

Registered Users (C)
I have been in US since September 2005, for Company A an L1A visa. It expired in April 2006 but company A filed for extension of L1A and extended it till Apr 2008.

Company B filed my H1B in May 2006 and petition got approved and is valid from Oct 20th 2006. The 797-Notice of Action has an I-94 at the bottom, so I am assuming that my status changed to H1-B with effect from Oct 20th 2006 and L1A is no longer valid.

Now my questions -

1) Its March 2007 and I am still on the payrolls of Company A. Am I in trouble for being out of status
for the last 5 months because I was working for company A ?

2) What is the latest date that I can move from Company A to Company B, in this scenario. I know I
am already late but I need to give a 3 week notice to Company A ?

3) If I have been out of status for the last 5 months, what is potential impact I will have when I apply
for green card in the future. ?

4) My spouse has the exact same scenario as me. Only difference is that she wants to continue working
for Company A on her L1 visa and not use her H1B. How can this be managed ?
 
kpvisa said:
1) Its March 2007 and I am still on the payrolls of Company A. Am I in trouble for being out of status
for the last 5 months because I was working for company A ?

2) What is the latest date that I can move from Company A to Company B, in this scenario. I know I
am already late but I need to give a 3 week notice to Company A ?

3) If I have been out of status for the last 5 months, what is potential impact I will have when I apply
for green card in the future. ?

4) My spouse has the exact same scenario as me. Only difference is that she wants to continue working
for Company A on her L1 visa and not use her H1B. How can this be managed ?
Click to expand...
1. Doesn't look good. You need to make a decision fast.
2. Better late than never.
3. Don't make it more than 6 months.
4. Join H1 employer or change back to L1.
 
Quick Q

Thanks PR.

How does this look :-

Both of us make a trip to India. We get our L1 visa stamped again and come back. After a month, again I apply for change of status again from L1 to H1B. When that approval comes through, I can change to company B

Doubts :-
1) Indian consulate (either mumbai or chennai) - are there chances of a mess up while getting the L1 stamped again ? considering our scenario.

2) If I apply change of status in May 2007, when is the earliest I can switch to company B ? Chances of an inquiry coming or any screw up at that time ?

thanks in advance :)
 
Check with lawyer... you should be able to withdraw your h1b and retain your l1 while staying in US.

kpvisa said:
Thanks PR.

How does this look :-

Both of us make a trip to India. We get our L1 visa stamped again and come back. After a month, again I apply for change of status again from L1 to H1B. When that approval comes through, I can change to company B

Doubts :-
1) Indian consulate (either mumbai or chennai) - are there chances of a mess up while getting the L1 stamped again ? considering our scenario.

2) If I apply change of status in May 2007, when is the earliest I can switch to company B ? Chances of an inquiry coming or any screw up at that time ?

thanks in advance :)
Click to expand...
 
Will I lose my H1

Planning to go to India , get my L1 A stamped and come back and continue with company A. I have been told when I get my L1A stamped, then my H-1 is overruled and I have to apply for a new H1.
1) Will this H1 be from this years quota (quota starting April 1st 2007).
2) Will this mean that I can only switch to Company B (which is going to file L1) only after Oct 2007 ?
 
H1 petition is still valid no matter you get L1 stamp or not, unless H1 sponsor cancelled it.
 
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