Exited US with H1 CoS and entered into US via L1

[maheshmahesh]

I've exited US after my H1B CoS approval (with Company B) due to some personal reasons. And I've entered into US with L1B visa (with Company A) and continuing to work with Company A. Does my H1B CoS still be valid and can I join Company B without any issues? The Company B's HR told me that USCIS can issue new I-94 on H1 B status even though I've entered into US via L1 B with a new I-94. Is that possible?

Appreciate your time and help.

[binoca82]

Your current status is L1, since you entered using L1 visa. To change your status to H1 either you need to process a COS to H1 again OR exit US, get H1 stamped abroad then return to US on H1 visa.

[maheshmahesh]

Your current status is L1, since you entered using L1 visa. To change your status to H1 either you need to process a COS to H1 again OR exit US, get H1 stamped abroad then return to US on H1 visa.

My current H1 petition is valid till Jan 2015. When you say CoS to H1 again, I got to file a new petition and wait till Oct 2013 for the results?

[binoca82]

Since you are alreay cap counted, no need to wait for Oct. You are cap exempt. The COS need to be filed along with a copy of the H1 approval notice. It will become effective immediately when approved.

[Attorney_25]

You may qualify for an exception to re-filing the COS. It depends on the specific facts of your case.

[maheshmahesh]

You may qualify for an exception to re-filing the COS. It depends on the specific facts of your case.

Which means, I dont have to re-file for a CoS but request for I-94 like my HR mentioned?

I exited the country due to a bereavement situation in my family and entered within 30 days.