Urgent Help - L1 to H1

G

ga1279

New Member
Hi

I am currently with Company A with a Valid L1 till 2009. I also got my H1 approved through my consultant Company B effective Oct1 without COS - meaning I do not have a new I-94 on my I-797. I have a couple of questions

1) Can I continue to be with Company A for as long as I want and then file COS whenever I want to switch to H1?

2)I HAVE to travel to India in Dec-Jan. If I come back on my L1, do I lose my H1? Or can I still come back on L1 and then apply for COS when I am ready?

Any suggestions would help tremendously.

Thanks
ga1279
 
1. Yes, as long as you do not stamp the H-1B.
2. Yes, you can return on H-1B. You loose the H-1B on your entry to the U.S. A new COS is required, if you want to change the status without leaving the country.
 
Thanks!

So it effectively means that when I come back I shd get my H1 stamped or be prepared to lose it if I decide to come back on L1.

If I lose my H1, is there a way to regain it - meaning filing COS at some stage later in the year (or) next year etc(where I do not have to apply again?)
 
So I guess the best option for me is to continue my L1, go on vacation,come back in Feb and then file my COS around Feb,March once I am confident of getting a good project. Do you think that would make sense?
 
I have doubt that you can apply for COS with out leaving US in Feb or March. Once I asked similar question and got replies like - I can not apply for COS without leaving US unless I apply H1B with COS.
Verify with lawyer or Gotpr or Greatguru can explain better.

Thanks
 
One can apply COS as long as s/he is in the US. Since s/he already got H1 granted, there is no quota issue, therefore s/he should not have an issue with COS.
 
GotPR - Suggestion please...

Thanks for your inputs folks! The reason I chose to continue in L1 is because I may not get this vacation if I join a new company in H1. So I am just thinking of taking this vacation, come back in L1 and then apply for COS. As long as this should not cause an issue - coming back on L1 and then filing a COS, I would ideally like to take this route.

Any suggestions or thoughts would help. Thanks!
 
Thanks all for replies. Still I have one doubt in COS. Doubt is:

Say I am working with company A in India and apply for H1 for next year cap through company B in US with out COS. Assume that I will get H1 through lotter (if any for next year) effective from 1st Oct 08. Now if I come to US in Oct 08 through company A in L1, can I apply for COS for transferring to Company B' H1 say in Dec 08?

In case I am working with company A in US in L1 instead of working from India and apply for H1 through Company B without COS. If my H1 is approved effective from 1st Oct 08, can I apply for COS from Dec 08. Assume that I will continue in US with Company A till Nov 08.

Please reply.

Thanks,
 
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