Will my L1b petition become invalid after approval of H1b COS

[Mandakini]

Hi,

 

After approval of COS, will my L1 petition will become invalid, Can I go to India and come back with L1 visa, but not with stamped H1b visa. AS it is very important for me to continue with my L1b visa. Please let me know.

[jairichi]

Hi,

 

After approval of COS, will my L1 petition will become invalid, Can I go to India and come back with L1 visa, but not with stamped H1b visa. AS it is very important for me to continue with my L1b visa. Please let me know.

If you want to continue on L1B after Oct 1st 2013 then you have to exit and enter US on L1B before the intended start date on H1B.

[Belle]

Hi,

 

After approval of COS, will my L1 petition will become invalid, Can I go to India and come back with L1 visa, but not with stamped H1b visa. AS it is very important for me to continue with my L1b visa. Please let me know.

You can only enter on a visa if you intend to maintain that particular status, so no, you can't enter on a visa and work for a different employer - you would be considered out of status.

[jairichi]

Hi,

 

After approval of COS, will my L1 petition will become invalid, Can I go to India and come back with L1 visa, but not with stamped H1b visa. AS it is very important for me to continue with my L1b visa. Please let me know.

http://www.murthy.com/2013/05/28/what-if-h1b-change-of-status-is-not-wanted-after-its-approval/

[Mandakini]

I would like to know: Suppose after getting approval of H1b COS, I leave USA. I will not resign from my L1b company and will not stamp H1b. I go to India after getting H1b approval and new I94, Can I come back on L1b &  can continue with my L1 employer as I have not resigned? Please let me know.

[jairichi]

I would like to know: Suppose after getting approval of H1b COS, I leave USA. I will not resign from my L1b company and will not stamp H1b. I go to India after getting H1b approval and new I94, Can I come back on L1b &  can continue with my L1 employer as I have not resigned? Please let me know.

If your L1B visa is unexpired then you can enter on L1 and continue working for L1 employer. But, if your L1B visa is expired then you can not get a H1B visa stamped and enter with that and continue working for L1 employer.

[Belle]

I would like to know: Suppose after getting approval of H1b COS, I leave USA. I will not resign from my L1b company and will not stamp H1b. I go to India after getting H1b approval and new I94, Can I come back on L1b &  can continue with my L1 employer as I have not resigned? Please let me know.

 

Yes. In fact, that's the right way to do it. You can't continue working for the L1 employer after getting the H1 I-94 because that puts out of H1 status, so your two options are either file for COS back to L1 or leave the country and come back on L1.

[Mandakini]

while exiting, do i need to submit both I94, L1 & H1b? I am not sure if my employer can provide me with H1b I94, please suggest.

 

Can I go out only with L1b I94? after L1 to H1b Cos approval and come back on l1b. Please reply. Thanks!

[jairichi]

while exiting, do i need to submit both I94, L1 & H1b? I am not sure if my employer can provide me with H1b I94, please suggest.

 

Can I go out only with L1b I94? after L1 to H1b Cos approval and come back on l1b. Please reply. Thanks!

If you are exiting before start date of H1B then you need to submit L1B I94 and later enter with L1B visa and get a new I94 based on L1B

[Belle]

Your I-94 has the same number on both H1 and L1, because it is retained in the COS. So, it does not matter which one you submit.

[Mandakini]

I would like to exit  after H1b start date and would like to enter on L1b , I will having 2 I94, Please do let me know which one I need to submit. Please advice.

 

If I am not wring the L1b I94 will become invalid after H1b approval, So can I submit both and enter on L1b