H1 Transfer after COS


kattu786

Recommended Posts

Hi,

I was working on L1 with employer A and got H1 approval with employer B on 11/29 .Served the notice period for 2 weeks till 12/16 and joined B on 12/19.

Going through the posts I realize that I worked illegally for 20 days.

Now employer A wishes to do my H1 transfer.Can there be any issues in H1 transfer (as a result of L1 overstay)? I am planning to work for 2 months with emp B to get 3-4 pay stubs which I would be needing for H1 transfer.

Link to comment

Hi,

I was working on L1 with employer A and got H1 approval with employer B on 11/29 .Served the notice period for 2 weeks till 12/16 and joined B on 12/19.

Going through the posts I realize that I worked illegally for 20 days.

Now employer A wishes to do my H1 transfer.Can there be any issues in H1 transfer (as a result of L1 overstay)? I am planning to work for 2 months with emp B to get 3-4 pay stubs which I would be needing for H1 transfer.

Can any of the experts...JoeF or Pontevecchio..please reply..

Link to comment

<p>

You have made life complicated. Why H1 and not L1? The next time you come back on an appropriate visa the period of hazy status will go away in the sense that it will not affect your Immigration if that is the intent. As regards the current transfer A can do it right now or you can leave and come back on the L1 visa to work for A.
</p>

<p> </p>

<p> </p>

<p> </p>

<div>Thanks Pontevecchio for the reply...The intent here was to work for employer A..Like most L1 to H1 cos I was also stuck in the notice period issues which I have to serve for employer A.But during the notice period employer A gave me a better option.So I wanted to stay with A.I got two options :- </div>

<div> </div>

<div>1) Leave US and come back on L1 visa ....but I was not sure whether by doing this I could have faced issues at POE as I was doing it after the H1 approval date (not a proper leapfrog)..I also spoke to a lawyer and he said that you have to get the L1 stamped again even though its valid till july 2012...(don;t know whether this is correct or not).Therefore I didn't for this option</div>

<div> </div>

<div>2) Second option was to carry on with employer B and do the transfer back to A.I also read it the forum that 15-20 days should not be a major issue...Do you think these 15-20 days of overstay could cause issue in H1 transfer or they just check whether I am maintaining my current status</div>

<div> </div>

<div>Since I have already moved to H1 ....whats your suggestion...should I just go ahead with the H1 transfer or reenter on L1? if I want to enter on L1 , what are the docs needed....I have I129 , Stamped Visa till July 2012 and petition.......Do I need an offer letter from employer A..</div>

Link to comment

If you have a L1 visa you can leave and come back with your approved L1 petition and join A if they are ready and work in L1 status.. You can have A file a H1 petition with PP and leave and come back with the H1 visa if A is agreeable. You could come back in L1 status and have A file a COS to H1 later on. It depends on your priorities and how A will react to any such scenario.

Link to comment

If you have a L1 visa you can leave and come back with your approved L1 petition and join A if they are ready and work in L1 status.. You can have A file a H1 petition with PP and leave and come back with the H1 visa if A is agreeable. You could come back in L1 status and have A file a COS to H1 later on. It depends on your priorities and how A will react to any such scenario.

Thanks....

here are the queries for the two options I have:- ...

if I decide to go on L1 and renter :-

a) Do I need to go for stamping again or earlier stamped visa valid till July 2012 is fine.

b) Do you see an element of risk in going for this option...Can I be questioned at POE for my out of status period ? (I was inclined to got for this before even starting for h1 but its this risk which stopped me)

If I ask A to file H1 which they are ready to do :-

a) Is it really necessary to go just after the petition is approved and get the H1 stamped or can I work for A for sometime (say 6-8 months) and then go to my home country and get the H1 stamped......

b) I know that to erase the illegal period I have to go and reenter but is it mandatory to do it now ? I know that I would be going back to my home country at some point this yr and would get it stamped..If you are insisting from GC point of view it might get started in next 2-3 months....

Link to comment

Thanks....

here are the queries for the two options I have:- ...

if I decide to go on L1 and renter :-

a) Do I need to go for stamping again or earlier stamped visa valid till July 2012 is fine.

b) Do you see an element of risk in going for this option...Can I be questioned at POE for my out of status period ? (I was inclined to got for this before even starting for h1 but its this risk which stopped me)

If I ask A to file H1 which they are ready to do :-

a) Is it really necessary to go just after the petition is approved and get the H1 stamped or can I work for A for sometime (say 6-8 months) and then go to my home country and get the H1 stamped......

b) I know that to erase the illegal period I have to go and reenter but is it mandatory to do it now ? I know that I would be going back to my home country at some point this yr and would get it stamped..If you are insisting from GC point of view it might get started in next 2-3 months....

Hi Pontevecchio,

when you get time ,can you please comment on my queries.

Link to comment

a1. The existing L1 visa is valid.

b1. No

a2. If the H1 petition includes an I94 you can start work for A or else you need to leave and come back with the H1 visa.

b2. It depends on the facts. That is as far as I can comment on your situation. Talk to a Lawyer if you need to.

Thanks a ton...

Link to comment
  • 3 months later...

Archived

This topic is now archived and is closed to further replies.