Out of Status concerns during L1 to H1

[deepu183]

I am currently on L1b Visa with Company A which is active until August,2013. Company B had sponsored a H1 visa for in 2012 and it was approved with a new I-797 & I-94 with a start date of Oct 1,2012.

Due to personal constraints, i cannot join Company B until Nov 15,2012. Here are the concerns I have

a) Getting a I-797 & I-94 for H1b, does it mean my H1-B was filed with COS

b) Does this mean I will be Out of Status on H1-B for a 1.5 months

c) Will this cause any problems during GC processing and H1b stampings in the future

What should my next steps be.

[kattu786]

I am currently on L1b Visa with Company A which is active until August,2013. Company B had sponsored a H1 visa for in 2012 and it was approved with a new I-797 & I-94 with a start date of Oct 1,2012. Due to personal constraints, i cannot join Company B until Nov 15,2012. Here are the concerns I have a) Getting a I-797 & I-94 for H1b, does it mean my H1-B was filed with COS b) Does this mean I will be Out of Status on H1-B for a 1.5 months c) Will this cause any problems during GC processing and H1b stampings in the future What should my next steps be.

What is your current I-94 date (i.e with the L1 status)? Getting a I-797 & I-94 for H1b does mean it was filed as COS.

[wiweq]

a) Getting a I-797 & I-94 for H1b, does it mean my H1-B was filed with COS

=> Yes, it was COS.

b) Does this mean I will be Out of Status on H1-B for a 1.5 months

=> Yes, you will be out of status for 1.5 months, if you didn't start working from Oct 1st.

c) Will this cause any problems during GC processing and H1b stampings in the future

=> Sure. Being OOS will always create a problem in future. Best bet; think about form I539 to extend your L1. Ask an attorney.

[pontevecchio]

You can of course get 6o days to report to the H1 sponsor. That's not an issue. What you cannot do is to work for the L1 sponsor after October,1 as you will be in H1 status.