L1 to H1 i 94 issue while coming back to USA.

[praneethrb]

Hi,

First of all thank you for reading my post.I would appreciate your valuable inputs.

Currently I am working on L1 which is valid till 2013 June and recently I got new H1b and it is valid till Aug 2015.

I am planning to travel India on Oct 2012 for my marriage and want to come back using L1 visa on Nov 2012 and I want to continue on the same L1 till end of this year.

From Jan 2013 on wards I want to start work on H1b.

My concern is...

Will my H1b valid if i go out of the country on L1 and return on the same L1?

My worry is on reenter i will get new i-94 based on my L1 so do i lost the validity of my H1b(I-94) ?

Can you please reply to my above concern, did any one crossed the same situation?

I don't want to take any risk on this visa issues...Hope you understand me. Thank you very much.

[pontevecchio]

You can do that. But you will need to leave and come back with a H1 visa to work for the H1 sponsor in future.

[praneethrb]

Thanks for your reply.

You mean I need to go for H1B Visa stamping and then I need to come ?

There is no other way to skip H1B visa stamping ?

[pontevecchio]

The other way is for the H1 employer to refile a H1 petition with COS from L1. Why would an ethical and law abiding employer want to do that. ? Why is the H1 visa a problem for you?

[t75]

If the job is legitimate and your qualifications good, you should have no concerns about stamping.

You could apply fo COS but eventually you will have to get stamping.

[dr.anishaj]

Urgent help required regarding - I-94 / L2 / EAD / H1B - issues.

Hello everyone - I have a similar situation. We are currently on L1 and L2 visa (valid till Aug 2013)

My company had applied for H1 and H4 visa as Consular Petition with Premium processing. Unfortunately, USCIS has approved the H1-B petition as COS (Change of Status) instead of Consular Petition, this means from 1 Oct 12, automatically my status will change from L1 to H1 and my spouse status will change from L2 to H4 (which means she cannot work on H4 visa, she has a valid EAD till May 2014). We requested USCIS to change the petition from Consular to COS , but they denied it. The option my attorney gave is to fly out of USA (Canada/Mexico) on 29 Sep 12 and return on 2 Oct 12. When we return,we should be given a new I-94, but as per my understanding, they do not remove I-94 for such short trip and we would end up with the same I-94 when we return. Will our status change from H1 to L1 / H4 to L2 when we return, please advise.thanks

We want to maintain the L1 and L2 status as my spouse has a EAD and she wants to continue working. As the change of status will automatically get into consideration on 1st Oct 2012, we plan to leave the country and return on 2nd Oct 2012 and use the same L1 and L2 visa which is valid till Aug 2013 to enter the country so that we again re-gain L1 and L2 status. Will there be any problem doing this ? Will the immigration officer question why are we not entering with H1 and H4 visa ? (we do not have H1 and H4 visa, it's only the petition which is approved, we have not done the stamping yet) , so is it like, I already had a L1 petition which is valid till Aug 2013 and now I have got a new approved petition for H1 which will be valid from 1 Oct 2012 till Set 2015. When I leave the country I have to compulsory get H1 stamped and re-enter on that Visa, or I can still use my L1 Visa which is valid till Aug 2013, please help....really appreciate a quick response....thanks once again....

[praneethrb]

@pontevecchio- thanks for your reply. I do not have any problem to go fOr stamping.

But I want to work on L1 until dec 2012. From Jan 2013 want to start work on H1.In this Oct I'm planning a visit India and will return in the same month using my L1. And will continue till end of Dec 2102. In this situation is my H1B is still valid and can I start my work on h1 from jan 2103.?

If I go for stamping and if i get my h1b stamping then my L1 will no more valid.

Note: my L1 employer and H1b employers are different.

Please suggest.

[pontevecchio]

What exactly does the H1 sponsor want you to do? That is the question? You did ask them?

[praneethrb]

@pontevecchio- thanks for your reply. I do not have any problem to go fOr stamping.

But I want to work on L1 until dec 2012. From Jan 2013 want to start work on H1.In this Oct I'm planning a visit India and will return in the same month using my L1. And will continue till end of Dec 2102. In this situation is my H1B is still valid and can I start my work on h1 from jan 2103.?

If I go for stamping and if i get my h1b stamping then my L1 will no more valid.

Note: my L1 employer and H1b employers are different.

Please suggest.

[pontevecchio]

What about post # 8?

[praneethrb]

My question is- can I go and come back on my L1 and after coming back can I shift to H1 after a month or so?

[praneethrb]

Yes I asked my H1 sponsor and they said that I can come and after that you can shift but a little risk at board of entry it seems.

[l1toh1prob]

Hey am in the same situation ... my wife and I applied for H1 this year and only my petition was picked in lottery.

so we want to invalidate the H1 status change so that we both can work on L1 and L2 till next year.

Can i goto canada before the H1 effective date and come back on L1 and apply for H1b after few months

Please suggest..

 

Thanks in advance!!