Expired L1B -> H1B COS(approved)

[look4athi@gmail.com]

Hi

 

I am currently on L1B I 94(My L1B visa got expired in Feb 2013 and I have a valid I94 till May 2015). I have applied for H1B with another employer this year and it got approved with a new I94(till Sep 2016).

 

But now I would like to continue with my L1B employer. But I know my COS will be active by Oct 1, 2013.

 

My questions are

 

1. Can my h1b-employer cancel the H1B visa now (aug 2013 - how long it will take to cancel it in USCIS ?)

2. If yes, then will that affect my L1B I94.( I know that if they cancel, my H1B I 94 will be cancelled and I know my current I94 is updated with the new H1B I94)

3. Will I be coming under H1B cap exempt since my H1B petition approved once.

4. Is there anyway for me to continue with my L1B I94 till it ends ?

 

Thanks,

Achu

[pontevecchio]

Stay out of the country for a day or two before October,1 and a day or two after. Then return on a L1 visa. Be prepared for the H`1 guy to sue you if the contract allows unless there was a financial arrangement in which case both are in trouble.

[look4athi@gmail.com]

Thanks for the Reply, but as I mentioned earlier my L1B visa is expired & I am on I-94 so I cant get out of the country & get back in on my L1 Visa.

Here is my question

If I can get on an agreement with my employer & if he agrees to request a cancellation of my COS.

# How long does it take to cancel the COS ?

# Will it affect my current I94 ?

# Can I continue to work on L1 with my current employer ?

[pontevecchio]

You seem to have a L1 petition which expires in 2015. Hence you can get a new L1 visa. Discuss your problem with a Lawyer. Maybe give the firm of Murthy a call?