Valid L-1B and new H-1B approved... L-1B still valid after October ???

N

NYC_gcWait

New Member
I am currently working in USA on an L-1B visa (valid till 2010) for Employer X. I got a job offer from employer Y and got a H-1B approval notice from USCIS last week.

If I do not join the company Y in October, Can I continue to work for Employer A on my currently valid L-1B ?

What are my best options if I do not want to join company Y and continue to work with company X.

Please reply as soon as possible.

Thanks in advance.
 
NYC_gcWait said:
I am currently working in USA on an L-1B visa (valid till 2010) for Employer X. I got a job offer from employer Y and got a H-1B approval notice from USCIS last week.

If I do not join the company Y in October, Can I continue to work for Employer A on my currently valid L-1B ?
if your H1 is with change of status, you can not keep working for X.
What are my best options if I do not want to join company Y and continue to work with company X.
Travel and reenter the US with L1 visa after Oct or change back the status to L1B.
Please reply as soon as possible.

Thanks in advance.
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Thanks for the quick reply. There is a little caveat to my case:

I was in USA (working on L-1) in April 2008 when we applied for my H-1B with company Y
I left USA in June 2008 to go to india
My H-1B was approved in July
I arrived USA using my L-1 (company X) in August.

So doesn't the rule of last action state that my I-94 issued based on my L-1 is the last action ? I am confused at this time. Can you please clarify ?

Thanks in advance.
 
The last action rule would apply, however, in your case, the last action rule would be the effective date of your H-1B, if the effective date is >= 10/01/2008.

If you want to avoid joining for the H-1B employer, you will have to "leapfrog" by leaving US prior to the H-1B effective date and returning on your L-1 visa after the H-1B effective date.
 
Since you left the US during COS petition was pending, your COS is technically void therefore your status is not supposed to be changed on Oct 1 and you can keep working for X. However, the last travel is not what CIS is aware of and kind of difficult to say that it is safe to keep working for X especially when you already have COS approval(you have never said if you have COS approved, but I assume so) despite the fact you traveled before approval.
You should talk to lawyers.
 
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