L1 getting invalidated on applying H1b !! Urgent !!

[Aehrar]

Hi,

I have Question.

I am currently in L1 with Company1 and Company2 has provided me an offer and has applied H1B.

When will my L1 get invalidated? The day I join Company2? or the day I get my H1B approved, no matter whether I joined Company2 or not?

Thanks in advance,

[pontevecchio]

Nothing gets invalidated. You can be in L1 status or H1 status at one time, but not both. If the new company is filing the H1 petition with COS and you really should be aware about this you will be in H1 status from October,1. If the H1 is denied you will continue to be in L1 status.

[Muhilan]

Can we continue work in L1 visa (after the H1 approval by Oct 2012) with company 1 and hold the H1 until move into company 2?.

[JoeF]

Can we continue work in L1 visa (after the H1 approval by Oct 2012) with company 1 and hold the H1 until move into company 2?.

If the H1 approval comes with a new I-94, you are in H1 status from the date listed on that new I-94, and you have to stop working for the L1 employer and start working for the H1 employer from that date on.

[pontevecchio]

^{If the H1 petition was filed without COS for whatever reason and approved, you will be considered cap counted and any other sponsor can file a H1 ion future.}

[Muhilan]

Thanks for the update JoeFand pontevecchio.

[lakshay1]

Hi Joef,

As per your suggestion , I fall under this situation.

If the H1 approval comes with a new I-94, you are in H1 status from the date listed on that new I-94, and you have to stop working for the L1 employer and start working for the H1 employer from that date on.

In addition to this , My L1 Visa has been expired and my I-94 is valid for 3 more years.

I don't want to loose L1 I-94 on the approval of H1B from future employer new I-94 as he has files Change of status for me.

So how can I keep my L1 I-94 in this situation. What are the different options can I try, Please suggest.

Thanks,

Lakshay

[lakshay1]

Please help me with answer for above query

[pontevecchio]

@lakshay

Kindly post your problem separately.