L1B to H1B COS - want to continue with L1B

[rajuone]

Hi All, I would seek your guidance for my below situation.

 

I have L1B petition/visa with Employer A valid until Oct, 2015. This year Employer B has filed H1B petition for me in this year's quota and is approved in Jun, 2013. Though Employer B's H1B is effective, I am still working with Employer A  (L1B). 

 

Now, my L1B employer has offered good package and I would like to continue with them. What are the options I am looking at?

 

1. Can I travel out of country (Mexico, Canada or India) and come back with L1B petition? Would I have any risk with this? 
2. Can I travel alone out of country by leaving my family in US and then extend their L2 I94 when I change status back to L1B? or should they also travel with me?
3. In future, if L1B employer files GC, will this two months of "Invalid status" become a problem?

Please please help me with answers to these questions.

[jairichi]

Hi All, I would seek your guidance for my below situation.

 

I have L1B petition/visa with Employer A valid until Oct, 2015. This year Employer B has filed H1B petition for me in this year's quota and is approved in Jun, 2013. Though Employer B's H1B is effective, I am still working with Employer A  (L1B). 

 

Now, my L1B employer has offered good package and I would like to continue with them. What are the options I am looking at?

 

1. Can I travel out of country (Mexico, Canada or India) and come back with L1B petition? Would I have any risk with this? 
2. Can I travel alone out of country by leaving my family in US and then extend their L2 I94 when I change status back to L1B? or should they also travel with me?
3. In future, if L1B employer files GC, will this two months of "Invalid status" become a problem?

Please please help me with answers to these questions.

I believe your H1B is approved as change of status. I believe you working for L1B employer is unauthorized employment as you are currently on H1B status.

 

1. No issues, if you enter with valid L1B visa and approval notice.

2. If your H1B employer has not applied for your family's COS to H4 they are out of status as you are no more on L1B.

3. Possible.

[itsmeusa]

Hi rajuone, you are safe to continue working for employer A on your approved L1b. No need to travel out of US and come back. You are on L1b. Unless you join employer B on their approval H-1b petition, your H-1b status doesn't kick-in. So don't worry.

[rajuone]

Thanks for quickly reply.

 

please find my supplemental questions for each answer.

 

1.  No issues, if you enter with valid L1B visa and approval notice. --> what does "approval notice" mean?

2 . If your H1B employer has not applied for your family's COS to H4 they are out of status as you are no more on L1B. --> Yes. my H1B employer has filed for dependents H4. But, not sure whether he filed with COS or not. If he filed with COS, should they also travel with me out of country?

 

Please reply. Thanks. 

[jairichi]

Thanks for quickly reply.

 

please find my supplemental questions for each answer.

 

1.  No issues, if you enter with valid L1B visa and approval notice. --> what does "approval notice" mean?

2 . If your H1B employer has not applied for your family's COS to H4 they are out of status as you are no more on L1B. --> Yes. my H1B employer has filed for dependents H4. But, not sure whether he filed with COS or not. If he filed with COS, should they also travel with me out of country?

 

Please reply. Thanks. 

1. Approval of L1B petition.

2. Check whether your family's I797 approval notice has an I94. If it has then it is change of status. In that case they also need to travel with you or else you could apply for a COS from H4 to L2 after you re-enter US on L1B status.

[t75]

If you had an effective H1B i-94, you are working illegally.

[jairichi]

Hi rajuone, you are safe to continue working for employer A on your approved L1b. No need to travel out of US and come back. You are on L1b. Unless you join employer B on their approval H-1b petition, your H-1b status doesn't kick-in. So don't worry.

@itsmeusa: Nope. If it is a COS his H1B kicks in right at the start date though he has 60 days to report to H1B employer. And, since his COS is approved he ceases to be on L1B status and so cannot continue working for L1B employer.

[rajuone]

Hi All, thanks a lot for your time in answering my queries. 

 

I will plan for a trip Mexico and come back to get new I94.

 

I am still not clear whether I can travel alone, get new I94 and later convert my dependents H4 I94 to L2 I94 (is this possible??) or should they also travel with me to get new I94s. I have read in some other forum that my dependents also have to travel with me. can you please clarify this?

[rajuone]

Hi All, thanks a lot for your time in answering my queries. 

 

I will plan for a trip Mexico and come back to get new I94. 

 

can you please let me know if I would like to use my H1B in future (may be down the line after 1 year), can I go back to same H1B employer. 

 

In the mean while, if current H1B employer revokes it, can I ask any other H1B employer to file new "cap exempt" H1B for me? (Please note that I have not really worked on my current H1B peteition as I am still working with my L1B employer).

[jairichi]

 

Hi All, thanks a lot for your time in answering my queries. 

 

I will plan for a trip Mexico and come back to get new I94. 

 

can you please let me know if I would like to use my H1B in future (may be down the line after 1 year), can I go back to same H1B employer. 

 

In the mean while, if current H1B employer revokes it, can I ask any other H1B employer to file new "cap exempt" H1B for me? (Please note that I have not really worked on my current H1B peteition as I am still working with my L1B employer).

 

Yes, you can. Anytime a new employer can file a cap exempt petition and on approval you can begin to work.

[rajuone]

Thanks a lot all for your replies. I am planning to go out of country (mexico) next week for a day.

 

Now my H1B employer threatening me that he will inform Police/Homeland Security that I am working on invalid status (L1B) and want to sue me for money as I am not joining him.

 

• If my H1B employer complains to Homeland security on my Invalid status working, will it create any problems for me at Port of Entry next week when I am coming back on L1B?
• Will this complain create any problem with my future L1A visa or GC?
• Can my H1B employer sue me in any way for not joining these two months? 

 

Please please reply me.

[jairichi]

Thanks a lot all for your replies. I am planning to go out of country (mexico) next week for a day.

 

Now my H1B employer threatening me that he will inform Police/Homeland Security that I am working on invalid status (L1B) and want to sue me for money as I am not joining him.

 

• If my H1B employer complains to Homeland security on my Invalid status working, will it create any problems for me at Port of Entry next week when I am coming back on L1B?
• Will this complain create any problem with my future L1A visa or GC?
• Can my H1B employer sue me in any way for not joining these two months? 

 

Please please reply me.

Leave US asap and enter back with L1B visa. As long as you have not signed any document regarding monetary compensation if failing to join H1B employer you are fine.

[jairichi]

Thanks a lot all for your replies. I am planning to go out of country (mexico) next week for a day.

 

Now my H1B employer threatening me that he will inform Police/Homeland Security that I am working on invalid status (L1B) and want to sue me for money as I am not joining him.

 

• If my H1B employer complains to Homeland security on my Invalid status working, will it create any problems for me at Port of Entry next week when I am coming back on L1B?
• Will this complain create any problem with my future L1A visa or GC?
• Can my H1B employer sue me in any way for not joining these two months? 

 

Please please reply me.

Talk to a good immigration attorney too before your exit US.

[rajuone]

Thanks a lot Jairichi. I went out of country couple of weeks back, came back with L1 visa and working with L1 employer.

 

Now, H1B employer is asking me damages for not showing up. My contract did not include any clause like this, but, he is threatening that I was on invalid status for few days before I came back with L1 visa.

 

He is threatening that he will inform DHS/USCIS about this. Can they complain about that past "invalid status", when I am on valid status now after re-entry?

 

can you please help?

[jairichi]

Thanks a lot Jairichi. I went out of country couple of weeks back, came back with L1 visa and working with L1 employer.

 

Now, H1B employer is asking me damages for not showing up. My contract did not include any clause like this, but, he is threatening that I was on invalid status for few days before I came back with L1 visa.

 

He is threatening that he will inform DHS/USCIS about this. Can they complain about that past "invalid status", when I am on valid status now after re-entry?

 

can you please help?

If there is no monetary clause included in your contract you are fine. Since you entered legally with L1 visa and was issued an I94 there is nothing for you to worry. If there is indeed an issue of you being present illegally you would have been denied entry this time. Just ignore his emails and calls. He cannot do anything.

[rajuone]

Jairachi, thanks for your reply.

 

Yes. there is no monetary clause in my contract. I was on invalid status for around 60 days (from oct 1st to nov end). I am not sure whether this would change your answer. 

 

These 60days, I was continuing with my L1B employee as my H1B employee could not find any job (nor provided any salary) and later I went out of US and came back, continued with L1B employee.

 

And I am not sure whether my H1B employer would go to the extend of complaining to DHS/USCIS as I have paid thru check for my H1B fees in April, 2013.

 

In this case, should I talk to an Labor Attorney or Immigration Attorney so that I can get detailed clarifications.

[jairichi]

Jairachi, thanks for your reply.

 

Yes. there is no monetary clause in my contract. I was on invalid status for around 60 days (from oct 1st to nov end). I am not sure whether this would change your answer. 

 

These 60days, I was continuing with my L1B employee as my H1B employee could not find any job (nor provided any salary) and later I went out of US and came back, continued with L1B employee.

 

And I am not sure whether my H1B employer would go to the extend of complaining to DHS/USCIS as I have paid thru check for my H1B fees in April, 2013.

 

In this case, should I talk to an Labor Attorney or Immigration Attorney so that I can get detailed clarifications.

60 days is a good amount of time of unauthorized employment with L1 employer when your COS to H1B was approved, Since you were allowed to re-enter I would not worry much. Paying your H1B fee is illegal and accepting it is illegal for an employer. Both are equally guilty. Do keep the record of payment of H1B fee as proof if situation arise. But, as you said it is better to talk to a good immigration attorney.

[rajuone]

Thanks Jairichi. I will try to talk to an Immigration Attorney quickly.

[maddy1234]

Hi Raju,

 

I am exactly in similar situation like you. Where did you go out of USA ( Is it india or Mexico )?

 

Is any visa required for mexico .. which is safe option ( India or Mexico ) and how many days did you stay?

 

 

Were there any questions asked why you did not join H1 employer at port of entry ? Please advise .. i am having sleepless nights...

 

 

 

 

[maddy1234]

60 days is a good amount of time of unauthorized employment with L1 employer when your COS to H1B was approved, Since you were allowed to re-enter I would not worry much. Paying your H1B fee is illegal and accepting it is illegal for an employer. Both are equally guilty. Do keep the record of payment of H1B fee as proof if situation arise. But, as you said it is better to talk to a good immigration attorney.

 

Hi Jairichi,

 

My case is exactly like Raju ( Changed from L1 to H1 with COS ) but did not join H1 employer.. and continuing with L1B employer ( Around 30 days )

My L1B employer says that , till the point i did not join H1B employer they can file cap exempt petetion and transfer my H1B.

 

Please advise if this is safe option for me. My L1B employer is a MNC.

 

 

Pls advise 

[jairichi]

Hi Jairichi,

 

My case is exactly like Raju ( Changed from L1 to H1 with COS ) but did not join H1 employer.. and continuing with L1B employer ( Around 30 days )

My L1B employer says that , till the point i did not join H1B employer they can file cap exempt petetion and transfer my H1B.

 

Please advise if this is safe option for me. My L1B employer is a MNC.

 

 

Pls advise 

Current work for L1 employer is illegal. Stop working right away. You have 30 more days to report to H1B employer or your current employer to file cap a exempt H1B petition.

[jairichi]

Hi Jairichi,

 

My case is exactly like Raju ( Changed from L1 to H1 with COS ) but did not join H1 employer.. and continuing with L1B employer ( Around 30 days )

My L1B employer says that , till the point i did not join H1B employer they can file cap exempt petetion and transfer my H1B.

 

Please advise if this is safe option for me. My L1B employer is a MNC.

 

 

Pls advise 

If you would like to stay with L1B employer on L1B status then you need to exit and enter US with a valid L1B visa and approval notice.

[maddy1234]

Hi rajuone, you are safe to continue working for employer A on your approved L1b. No need to travel out of US and come back. You are on L1b. Unless you join employer B on their approval H-1b petition, your H-1b status doesn't kick-in. So don't worry.

Hi Itsmeusa,

 

I am in the same situation like Rajuone.. Contacted attorney's and most of them said it is illegal to stay on L1 when H1 cos is APPROVED. But some of the lawyers mentioned that i can continue on L1 and H1 COS will activate only when i join H1 employer. Could you please help if you have any proof of these facts.. Please pls help me. i am in confusion

[maddy1234]

Current work for L1 employer is illegal. Stop working right away. You have 30 more days to report to H1B employer or your current employer to file cap a exempt H1B petition.

Hi Jairichi,

 

Thanks a lot for your reply. If i stop working for L1 employer , how can my current L1 employer file cap exempt petetion ( with COS ) with out any payslips ? Since i did not join H1 employer , i dont have any pay slips.. Could you please review the comments by this attorney ? your help is highly appreciated..

 

http://www.******************

http://www.*****************

[skanjx]

On 3/2/2014 at 11:07 AM, maddy1234 said:

Hi Raju,

 

I am exactly in similar situation like you. Where did you go out of USA ( Is it india or Mexico )?

 

Is any visa required for mexico .. which is safe option ( India or Mexico ) and how many days did you stay?

 

 

Were there any questions asked why you did not join H1 employer at port of entry ? Please advise .. i am having sleepless nights...

 

 

 

 

Hi Raju,

 

Is it okay to travel to Mexico and come back to get back to  L1B status? Or do we need to go to India and come back?