vanq1426 Posted January 29, 2013 Report Posted January 29, 2013 Hi All, Please help me. It is very very very URGENT...!!! I have my L1B visa valid till Aug,2013 with employer A. Employer-B filed a H1B COS and got approved on Jan,15 2013. I had travelled to India on Jan,19 2013 for vacation. Employer B received the H1B approval I-129 form with new I-94 which is valid from 01-15-2013 to 01-15-2015 on Jan,25 2013. Currently I'm in India. Still I'm contnuing with employer A and I have all the necessary documents which are required for L1B with Employer-A. 1. Can I re-enter to USA based on my L1 visa which is valid till Aug,2013. 2. Do I need to go for the H1B stamping now to re-enter USA? (I don't want to take the risk with visa stamping) 3. Whether my L1 visa is still valid even after the H1B COS approved with new I-94? Thanks in advance.
Belle Posted January 29, 2013 Report Posted January 29, 2013 I am going to recommend calling up a lawyer on this. Technically, no, you should not enter on L1, but do check with the lawyer who filed H1.
t75 Posted January 29, 2013 Report Posted January 29, 2013 You need to enter with the documents and stamping for the status of the employer for which you intend to work upon you return. Do NOT enter on L1 stamping if you intend to work for B. Why would you worry about stamping if there was not fraud or an "issue" with your H-1B employer or your experience?
tusharvk Posted January 30, 2013 Report Posted January 30, 2013 after cos is approved, you are in h1b status. I think you did not stay in the US long enough to get your i-94 card. do you want to work on h1b or l1? after you decide, you can check with attorney and ask if you can reinstate your l1b status by re-entering the US in that status.
vanq1426 Posted January 30, 2013 Author Report Posted January 30, 2013 Thanks All. I want to continue to work on my L1B with Employer-A. I don't want to move to Employer-B on H1B as of now (at-least for the next 6 months). Please suggest for this scenario. My L1B visa is valid till Aug,2013. Please answer the below query. "Whether my L1B visa is still valid even after the H1B COS approved with new I-94 ( because my L1B visa is Aug,2013 ) ?"
Belle Posted January 30, 2013 Report Posted January 30, 2013 Thanks All. I want to continue to work on my L1B with Employer-A. I don't want to move to Employer-B on H1B as of now (at-least for the next 6 months). Please suggest for this scenario. My L1B visa is valid till Aug,2013. Please answer the below query. "Whether my L1B visa is still valid even after the H1B COS approved with new I-94 ( because my L1B visa is Aug,2013 ) ?" Regarding the first one - you are in luck. If you were in the US, you would HAVE to work for B now that your I-94 got changed. If you enter on L1, get a new I-94, and work for A, you are fine. The visa remains valid as long your underlying L petition remains valid. If you still have the job with A, you are fine.
vanq1426 Posted January 31, 2013 Author Report Posted January 31, 2013 @Belle: Thanks for the response. I'm still with Employer-A and I have all the documents to show my employment with Employer-A. Will there be any questions at the port of entry on my H1B COS approval and teh I-94 issued alnog with that approval?
Belle Posted January 31, 2013 Report Posted January 31, 2013 No, there will be no questions (they should not even know). If by an off chance, there is - yuou just say that you won't be working for B after you enter. That's enough.
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