Continued on L1 after H1 approval - less than 180 days - 245k?


thyagaraj81

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My friend was working for a company on L1 visa and another company filed a new H1 for him on 2008 quota. The H1 with the new company got approved and was effective from Oct 1, 2008. But he continued working on L1 with the old company until end of 2008. He then quit the company and went out of US and got the visa stamped for the new company and came back by mid of 2009 and started working with new company on H1. He transferred his H1 to our employer last year. Now, our employer is ready to file GC for him. Would continuing on L1 after H1 approval by another company be considered as illegal employment? He has gone out of the country in 2009 and lawfully entered back on the new H1 in 2009 and has been in proper status ever since. So, based on the 245k rule (out of status relaxed if the period is less than 180 days), would his work period on L1 after H1 approval be relaxed or considered illegal?

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An attorney once told me that when a person leaves the country and is able to get a new visa and enter US any of his/her status issues are voided. Consulates do check things and if he was granted a visa and he came back he should be ok going forward.

Talk to a good immigration attorney!!

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