H1B COS from L1

[sunil6639]

Hi,

I am currently working for a company "A" on L1B VISA. My H1B was approved in October 2016 for consultancy "B" with COS. SO my latest Status is H1B.

I am still working on L1B for company A. This is because my consultancy B is not able to find job yet and he is not paying me.

1. Is it ok to continue working for Company A till my consultancy B finds a project? Is this legal?

2. If not legal, Should I quit my company A job immediately? What will be the consequences on future H1B extension/transfer?

3. Can my Company A transfer my H1B from Consultancy B?

4. What is the option for me to go back to L1B status from H1B?

 

[Cloud*9]

See the below link for more information.

http://**************.com/*********************

 

But usually H1 employer would say there is no problem until your payroll is generated by them.

[JoeF]

You have to stop working for A immediately, and you have to start working for B. Right now, you are out of status and working illegally.

B, in their H1 petition, claimed that they have a project for you. They had to submit a client letter. What happened to that project? Was B lying about it?

 

[skanjx]

If you have a valid visa for L1B, you can exit the country and re-enter showing your L1B visa so that your status become L1. It's illegal to work for L1B employer when you are in H1B status

[sunil6639]

16 hours ago, JoeF said:

You have to stop working for A immediately, and you have to start working for B. Right now, you are out of status and working illegally.

B, in their H1 petition, claimed that they have a project for you. They had to submit a client letter. What happened to that project? Was B lying about it?

 

Thanks JoeF for the quick response. Consultancy B has submitted the client letter, but that project is no longer available. They started marketing my resume, but still they are not able to find the project for me. Also they are not running my payroll. 

[sunil6639]

16 hours ago, skanjx said:

If you have a valid visa for L1B, you can exit the country and re-enter showing your L1B visa so that your status become L1. It's illegal to work for L1B employer when you are in H1B status

I have valid L1B VISA till Mar 2017. If I exit and re-enter, at POE will they ask for Paychecks from my H1B Employer? OR Any other documents required? Please guide me. My Consultancy B is not running paychecks.

[skanjx]

9 hours ago, sunil6639 said:

I have valid L1B VISA till Mar 2017. If I exit and re-enter, at POE will they ask for Paychecks from my H1B Employer? OR Any other documents required? Please guide me. My Consultancy B is not running paychecks.

While you re-enter you can show your L1B visa. They will not ask about your H1B details. But once you enter US, your status will be L1B and if you need to go back to H1B, you need to file out of cap H1.

[JoeF]

2 hours ago, skanjx said:

While you re-enter you can show your L1B visa. They will not ask about your H1B details. But once you enter US, your status will be L1B and if you need to go back to H1B, you need to file out of cap H1.

Actually, he wouldn't file, the prospective employer would have to file an H1 petition.

[Don'tAbuseVisa's]

its common sense when you applied H1 from company B with COS your L1B is no longer valid and if you continue work for Company A on the basis on L1B (which is no longer valid) you are committing fraud and you will be in trouble so stop working on L1 company and find some real company avoid shady consultancies like your company B, i am pretty sure he submitted fake client letter thats why that project is no longer exist.

 

Hey @JoeF you are absolutely right, because of these kind of shady employers and universities and fraud people who co-operate with those employers to get visa's, most of genuine candidates also go through some difficulties. i just login to this site just to read your replies man, good job