How to save L1 I -94 after H1 B I-94 becomes active


lakshay1

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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

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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.

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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

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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?

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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

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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.

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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.

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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.

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