Change of Status and Last Action Rule

[rayra01]

Hi ,

My current I-94 is getting expired . My current employer is filing for my Change of Status from L1B to L1A . Meanwhile another employer is filing for my change of status to H1 from L1B in premium( my H1 is an already approved petition which is never used so I will not come under cap or wait till October to start working )

Now lets suppose that my H1 gets approved on 15th MAY . So I will loose my L1 status and have to go on H1 and will start work for new employer

Now lets suppose my L1 gets approved after H1 approval. Lets say on 15th June . In that case will I loose my H1 status and have to go outside the country and come back

Problem is that once H1 gets approved , I cannot tell my current employer to withdraw the L1B to L1A and even if I tell they will not do . Also I will not have the receipt number .

One attorney told that I can keep on working on H1 and then when H1 needs to be extended I go to Canada for stamping.

My fear is , if the status changes back from H1 to L1 and I keep on working on H1, i will be working illegally

[rayra01]

In regards to the question above , can I go to Canada and come back with H1 I 94 using AVR (Automatic Visa Revalidation) . Will that again change my status to H1

Thanks to all for any replies

[0407]

On an unrelated note. On L1A you get GC within six months. There are people who

will die and kill for GC. Thought of sharing this

[t75]

A new quota filing will have an Oct 1 start date.

What visa stampings do you have?

[t75]

Missed that you already have approved H1B. But, Why are you being less than honest with your employer and having him spend money on a petition you do not intend to use?

[rayra01]

My employer does not do Green Card and they can send me back to India any day at their will. They also have elongated notice period .

So if my l1 gets approved and I go out with the valid H1 I 797 and 194 can I come back to h1 status By AVR

[t75]

No employer is required to sponsor a GC.