L1B to H1B - Cap exempt

[jairichi]

Hi,

 

Could you please re-confirm following which I got some info (reponse in red) -

 

2) Will there be any issue/implications to my H1B status if L1B visa is rejected?  - Potentially.  USCIS could revoke the Change of status portion of the approval which would mean that you would have to depart the U.S., apply for an H-1B visa stamp and re-enter in H-1B status.

 

 

I am worried because, I am getting two different answers. Please help.

Your understanding is correct. If your H1B approval has an I94 attached then nothing to worry. Otherwise you need to exit and enter with a valid H1B visa and I797.

[hou2hou]

1) Yeah, I got I94 attached to H1B approval in May'14. But the company's attorney is saying - in case of L1B denial decision now, USCIS might revoke my H1B approval and then I will have to exit/enter U.S. ---is this possible?

 

2) Also, company's attorney is saying - if L1B is approved, based on last action rule- L1B's new date would start from Nov'13 till <petition time>. But given that H1B's I94 extended date starts from May'14 (I got approval in May with extended I94), last rule will be with respect to H1B only. Hence, having L1B approval doesn't impact my case.

 

 

Really confused here. Appreciate your guidance...

 

 

Thanks,

[hou2hou]

Given that my H1B I-94 has been approved under CoS from L1B to H1B. And, I am under notice period (wanted to join H1B employer) but still current company responded to L1B RFE

 

 

Just wanted to know, what would you recommend? - Keep things as is and wait for L1B RFE response or withdraw L1B RFE response right now.

[jairichi]

1) Yeah, I got I94 attached to H1B approval in May'14. But the company's attorney is saying - in case of L1B denial decision now, USCIS might revoke my H1B approval and then I will have to exit/enter U.S. ---is this possible?

 

2) Also, company's attorney is saying - if L1B is approved, based on last action rule- L1B's new date would start from Nov'13 till <petition time>. But given that H1B's I94 extended date starts from May'14 (I got approval in May with extended I94), last rule will be with respect to H1B only. Hence, having L1B approval doesn't impact my case.

 

 

Really confused here. Appreciate your guidance...

 

 

Thanks,

1. Your H1B petition was approved based on you being on valid status in US. But, since your L1B extension is under renewal and if extension is denied you would need to exit and enter US with a valid H1B visa and I797 to be on H1B status.

2. I am not sure in your case how this works. If you have doubt you could ask an independent attorney. The best bet would be whether L1B extension petition is approved or denied just exit and enter US with a H1B visa and I797.

[jairichi]

Given that my H1B I-94 has been approved under CoS from L1B to H1B. And, I am under notice period (wanted to join H1B employer) but still current company responded to L1B RFE

 

 

Just wanted to know, what would you recommend? - Keep things as is and wait for L1B RFE response or withdraw L1B RFE response right now.

Since your COS to H1B is approved you need to stop working for L1B employer. You have 60 days to report to H1B employer. Either you could request L1B employer to withdraw petition and exit and enter US on H1B visa and I797 or you could wait for decision on L1B petition. Whatever route you take you should have to stop working for L1B employer right from the day your COS to H1B got approved. 

[hou2hou]

I am under notice period and will join H1B employer in a weeks time.

 

1) But the question is - if we withdraw L1B peition now - is it mandatory to exit/enter U.S before joining H1B employer? 

2) If L1B gets denied/withdrawn - my H1B status would still hold true for me to continue working here without leaving/re-entering U.S - is this correct understanding?

[jairichi]

I am under notice period and will join H1B employer in a weeks time.

 

1) But the question is - if we withdraw L1B peition now - is it mandatory to exit/enter U.S before joining H1B employer? 

2) If L1B gets denied/withdrawn - my H1B status would still hold true for me to continue working here without leaving/re-entering U.S - is this correct understanding?

1. Yes.

2. No, you need to go for stamping. If your H1B petition was filed after your I94 expiry and it got approved with I94 by USCIS with the understanding that your L1B petition will be approved. If L1B is approved you are fine. If not you need to exit and enter with a valid H1B visa and I797.

[hou2hou]

Update -

 

- L1B RFE decision still pending

- I joined H1B employer (L1B to H1B transfer case) and got first paystub as well

 

Question -

 

1) I have some family obligation in my home country. Can I go before L1B RFE decision?

2) Will it have any issue on H1B visa?

 

 

Thanks,

[jairichi]

Update -

 

- L1B RFE decision still pending

- I joined H1B employer (L1B to H1B transfer case) and got first paystub as well

 

Question -

 

1) I have some family obligation in my home country. Can I go before L1B RFE decision?

2) Will it have any issue on H1B visa?

 

 

Thanks,

1. Yes.

2. No.

[hou2hou]

Thanks.

 

If I go now, I am sure I will have to stamp my visa (first time stamping in home country). But, is my spouse/dependents (H4) also obligated to be with me in home country while stamping? I am planning to go alone and come back alone if possible.

[jairichi]

Thanks.

 

If I go now, I am sure I will have to stamp my visa (first time stamping in home country). But, is my spouse/dependents (H4) also obligated to be with me in home country while stamping? I am planning to go alone and come back alone if possible.

Did you apply for COS to H4 for your family? If yes and approved then as long as your period of stay outside US is for a short time your family is fine. Always talk to your attorney and confirm everything.

[hou2hou]

yeah, my dependents were also filed under COS to H4 and got approved.

Thanks!

[hou2hou]

Hi,

 

My L1B extension was in progress and I did COS from L1B to H1B couple of months back. Got I-94 approved for my family too. For past 2.5 months I have been with this new employer on H1B (while my L1B extension decision was pending). 

 

However, last week L1B extension decision took place and it got denied.

 

1) Will there be any impact on my H1B approval?

2) Do I need to stamp H1B now itself? New employer's is saying "Since COS was done when L1B extension was in progress, counselor might question (in future) my stay if I continue to stay without H1B stamping now" - and he might debar US allowance for x yrs. - Is this possible?

3) If I continue to stay now and plan to stamp in an year or two - will there be any issue?

4) This is my first H1B. Can I stamp it in Canada/Mexico?

 

 

Thanks in advance!

[jairichi]

1. Since your L1 extension petition was denied you and your family need to exit and enter US with a valid H1B and H4 visa respectively. Confirm this with your attorney.

2. You need to do it right away. No other option.

3. Yes. All that stay will be considered as unauthorized stay and employment. You might end up being banned from US lifelong.

4. Mexico - NO. Canada - you can. But, you need a Canadian visitor visa which will take at least a month time. Home country is the quickest option for you.

 

Do not ask employer but ask an attorney. Your family also needs to get a H4 visa and enter US. Confirm with your attorney and leave US asap and also stop working.

[sanvan008]

Context -

1) L1B already expired, I94 already expired from Employer A..extension applied and RFE to be responded by October 2nd'14

2) I have Approved H1B petition notice & I94(COS from L1b to H1b) from New Employer B Which Is effective from October 1st '14.

Issue - As per uscis if the extension is pending for more than 240 days from the date of i94 expiry, i should stop
working with my employer A,For me 240th day will be on sep 7th 2014.

Question

1) When Should i stop working for the Current employer A? if i put down my paper on Sep 5th '14 will it be ok.

2) Do you think I should withdraw the application for employer-A?

3) Can i stay beyond 240 days from the visa expiry date, since i have approved petition and Valid i94 which is effective only from October 1st.

 

Thanks

Sandy
 

[hou2hou]

Thanks Jairichi!

 

Also, given this situation - would there be any problem in transit if I choose flights via London or Dubai or Doha?

 

(not sure if customs are involved for checking valid visa - which I don't have)

[jairichi]

Thanks Jairichi!

 

Also, given this situation - would there be any problem in transit if I choose flights via London or Dubai or Doha?

 

(not sure if customs are involved for checking valid visa - which I don't have)

If you do not have a valid US visa you cannot transit via London. You will need a transit visa. Dubai or Doha will not be an issue.