L1 to H1 Time Frame

hema0216

By hema0216,
in H1B : General

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hema0216 Newbie

hema0216

Posted
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Hi Experts

I came to the US on L1B in 2011 & got my H1 Sponsored from Employer B, in 2011 quota, I am still in the US

Is there any time frame to switch from L1B to H1B.

Can you please advise me what are the details in terms of status change & documentation i need to take care if i need to move from L1 to H1

Regards

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livliv Advanced Member

livliv

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If the H1 petition was filed as change of status and approved with an I-94 at the bottom, you are already in H1 status and any work for L1 employer is illegal. That will mean you are already out of status. The only option for you in that case is immediately leave the US, obtain H1 Visa and return to work for your H1 employer.

If H1 petition was filed as consular processing and approved without an I-94, you will have two options to change status to H1. Your H1 employer can either file amendment to change your status or you can leave, obtain H1 Visa and return in H1 status.

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livliv Advanced Member

livliv

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Hello Livliv,

I have a question in case of continuation of employment With L1 Employer ( after H1 approval with COS with different employer ) for more than a year and then started working for H1 employer, what will be the ramifications we need to face later at GC stages ?

Yes, it can create problems later. Consult an attorney.

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livliv Advanced Member

livliv

Posted
Posted

Thanks for the info

I got my new H1 on Nov 1st 2011, and started working on H1 from Jan 2012, for employer B till then i was with Employer A.

will these 60 days on L1 be considered as illegal, or can i consider this as notice period.

Regards

It is illegal work and out of status period of 2 months. It may create problems later. Consult an attorney.

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