How to do leap frog to avoid L1 to H1 Change of status?


devex

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I am currently on L1B Visa with Company A. Company B applied for my H1B in mid October 2011 which i don't know was with a Change of Status request or not. I haven't got the H1B approval yet, its still in process with USCIS and I assume it was with a Change of Status request but i don't know what is my Change of Status Start Date. I want to continue working on L1 with Company A upto 2012 year end because of some personal reasons. I want to do "Leap frog" in order to maintain my status on L1B but as i don't know what is my Change of Status start date or may be the change of status is prior to the H1B approval date (which i haven't got yet as i mentioned above), I have following questions in this regard:

1. How can i do leap frog when i don't know what is my change of status start date?

2. How can i do leap frog if my Change of status start date is prior to my H1B approval date, which i haven't got yet as the case is still in process with USCIS?

Thanks in Advance!

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Hi Attorney_23/pontevecchio,

Thanks for your responses!

I asked Employer B about how my petition was filed, he says its a change of status request without any start date mentioned which as per him means as soon as i get H1B approval I will be on H1B status and unauthorized to work on L1. Now I don't know what exactly is my change of status start date or as per Employer B its the approval date of H1B,, what should i do to maintain my status to L1 going forward no matter when H1B gets approved.

Thanks!

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More than likely, the employer would need to withdraw the petition or request that it be changed to a straight petition rather than a petition to change your status. However, I would need to review the documents to determine for certain what it is that they have requested. You may wish to schedule a consult with an experienced attorney.

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