L1 to H1 - From consultant to permanent employer

[Arun1583]

I'm currently in the US on a L1 Visa. I applied for a H1 thru a consultant, and have just got the approval.

My aim however is not to be a consultant, but to be a full time employee.

1) Do I need to join the consultant, to be able to finally switch into a full time. Or can I directly get a full time job, and apply for a H1 transfer (without joining the consultant)?

2) In case I need to join the consultant, how long should I wait until I make the switch to full time?

3) In case switching to full time just doesn't work out, what are the chances of getting my new H1 stamped (I will need to visit India in the June-Aug time frame)? I hear that there rejections when going thru a consultant compared to thru a full time.

Thanks.

[livliv]

Were you in the US when the H1 petition was filed? Was it filed with change of status? Was it approved with change of status (I-94 at the bottom of approval notice)?

If approved with change of status, any employment with the L1 employer is illegal and not working for H1 employer makes you out of status.

If approved without change of status, you are not required to join the H1 employer.

Another employer can file a cap-exempt H1 petition for you at any time. However, that petition may not be approved change of status (I-94 at the bottom) if you are not maintaining your current status.

Provide more details about the mode of approval for the H1 petition.

[Arun1583]

Thank you LivLiv.

I checked, and it is a COS, with I94 at the bottom.

Now, in order to extend my L1, Can I step out of the country and come back in?

My Visa expires mid of May 2012. So I'm guessing I need to do the travel soon.

Do let me know the following:

1) Is it risky to travel out of the country, and attempt to come back in on my L1 when my H1 is valid (I will not be going for a stamping. I don't even plan to visit India. Planning to visit Australia)?

2) Upon my return, can I file an L1 extension with my current employer?

3) Once I do come back in on my L1, what is the process of reactivating my H1? And how long does this process usually take?

4) When I plan to reactivate my H1, do I need to join the original petitioner? Or can I switch without joining the petitioner?

Thanks in advance!

[livliv]

First of all leave the US asap, the more you work for L1 employer, the more out of status period you accumulate.

Fore returning all you need is valid L1 Visa and valid L1 petition. If petition is blanket, you will automatically get 3 or 2 year I-94 and then you can remain in the US until that date. Remember that this does not undo your out of status period and it may still come back to bite you in the future.

The same or different employer can file H1 petition for you at any time. The petition duration will depend on the total time spent in the US in H1 or L1 status. You can and must join the H1 employer once the petition gets approved with change of status. (or you travel and return with H1 Visa).