L1 to H1 transfer while out of country

[souvikdeb]

Hi

I was working for company A last year around Nov 2011. I went to India for my marriage at the end of November 2011 and during my visit had to go for L1A stamping in India which was approved. While I was in India, Company B filed my H1B apllication which was approved the first week of December with a I-94 date of 12/01/2011. However I was not aware of the approval and travelled back to India on the L1A and at the port of entry got a I94 for last week of Dec 2011.

Company B reached out to me in January about the approval and made me an offer which I accepted. I resigned from company A and joined Company B on 1st Feb on the H1B.

Since then I have been working for company B on the H1B visa, but last week I found out about this discrepancy.

"I am working on H1B which has a I94 date "12/01/2012" which is older then my port of entry I94 date "12/15/2012"

Does that mean that I am out of status? What is the way out of this discrepancy?

Thanks

Appreciate any help on this.

[testuser968]

At any time if you travel outside US while COS is pending with USCIS, you are voluntarily withdrawing COS option. USCIS clarified this many times.

If you have started working for H1B employer after coming back then you are illegaly employed. Here is the official confirmation from USCIS

http://www.uscis.gov/files/pressrelease/Travpub.pdf

you should leave US immediately. If your H1 employer files H1-extension then USCIS for sure catch you and may ban you forever.