lakshay1 Posted July 16, 2012 Report Share Posted July 16, 2012 If the H1 approval comes with a new I-94, I will be in H1 status from the date listed on that new I-94 and you have to stop working for the L1 employer and start working for the H1 employer from that date on. Please suggest. If answers for the above query is yes then In addition to this , My L1 Visa has been expired and my I-94 is valid for 3 more years. I don't want to loose L1 I-94 on the approval of H1B from future employer new I-94 as he has files Change of status for me. So how can I keep my L1 I-94 in this situation. What are the different options can I try, Please suggest. Thanks, Lakshay Link to comment
pontevecchio Posted July 16, 2012 Report Share Posted July 16, 2012 Maybe you can tell us why you agreed to the COS. Have you changed your mind/ Link to comment
lakshay1 Posted July 19, 2012 Author Report Share Posted July 19, 2012 I have not changed my mind but due to unavoidable reasons I cannot join on 1st Oct Link to comment
lakshay1 Posted July 19, 2012 Author Report Share Posted July 19, 2012 Also I want to save my L1 status just for a month so that I can come on H1 on 1st Nov, 2012. Please suggest the options to buyout time for 1 month. Thanks, Lakshay Link to comment
pontevecchio Posted July 19, 2012 Report Share Posted July 19, 2012 You can always leave and come back with the H1 visa in November. Link to comment
JoeF Posted July 19, 2012 Report Share Posted July 19, 2012 You will be on H1 from Oct. 1. The only way to prevent that is to leave the country, get a new L1 visa, and return using that L1 visa. Link to comment
lakshay1 Posted July 20, 2012 Author Report Share Posted July 20, 2012 You will be on H1 from Oct. 1. The only way to prevent that is to leave the country, get a new L1 visa, and return using that L1 visa. Thanks for the reply. But my L1 is expired and I have only valid I-94 for 3 years. Thanks, Vikram Link to comment
pontevecchio Posted July 20, 2012 Report Share Posted July 20, 2012 Get the H1 visa and come back. Link to comment
JoeF Posted July 20, 2012 Report Share Posted July 20, 2012 Thanks for the reply. But my L1 is expired and I have only valid I-94 for 3 years. If the H1 comes with a new I-94, that I-94 counts. And per that I-94 you would be on H1 from the start date on. Again, the only way to prevent that is to go abroad, get a new L1 visa, and use that new L1 visa to enter and get a new I-94 which specifies L1. Link to comment
lakshay1 Posted July 25, 2012 Author Report Share Posted July 25, 2012 If the H1 comes with a new I-94, that I-94 counts. And per that I-94 you would be on H1 from the start date on. Again, the only way to prevent that is to go abroad, get a new L1 visa, and use that new L1 visa to enter and get a new I-94 which specifies L1. Thanks for the reply. Can I apply for amendment and change the joining date from Oct 1st to 1st November so that I can save 1 mnth on L1. Thanks, Vikram Puri Link to comment
JoeF Posted July 26, 2012 Report Share Posted July 26, 2012 The H1 is the employer's application. The employer would have to file an amendment. And I don't think the start date can be changed. Why this one month thing to begin with? Care to explain what is so important about that one month? Link to comment
lakshay1 Posted July 28, 2012 Author Report Share Posted July 28, 2012 The H1 is the employer's application. The employer would have to file an amendment. And I don't think the start date can be changed. Why this one month thing to begin with? Care to explain what is so important about that one month? Thanks for the reply. I cannot leave my current company before 1 Nov. Relieving period. Thanks, Vikram Puri Link to comment
pontevecchio Posted July 29, 2012 Report Share Posted July 29, 2012 Stay out of the country on October,1 and the day before and after and come back on the L1 visa. You can leave at the end of that month and come back on the H1 visa. Link to comment
JoeF Posted July 29, 2012 Report Share Posted July 29, 2012 Thanks for the reply. I cannot leave my current company before 1 Nov. Relieving period. Well, such contracts can never override the law. As per the law, you can not work for the L1 employer anymore from Oct. 1, because you are in H1 status from that date on. Link to comment
JoeF Posted July 29, 2012 Report Share Posted July 29, 2012 If you have to work for the company until Nov. 1, you would have to do so outside the US. In the US, you are on H1 from Oct. 1 on, and any work for the old company after Oct. 1 would be illegal, and both you and the company would get into trouble. Link to comment
cooltoo8190 Posted July 29, 2012 Report Share Posted July 29, 2012 Thanks for the reply. I cannot leave my current company before 1 Nov. Relieving period. Thanks, Vikram Puri Let your employer know(close to Oct 1st since it is a Indian Company) that you are not allowed to stay legally with them as you have I-94 approved with new employer and ask them to relieve you early. They cannot legally stop you from joining other employer in US, but you just need to get experience letters i guess. The HR dept should understand and relieve you as they would be paying u illegally which is bad for them too. Link to comment
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