L1B to H1B Stamping Question. First time I'm gonna stamp H1B

[Dhana29]

Hi,

 

I'm currently working in US with L1B for the company X. I'm in contract of L1B to work with company X till Jan 2014.

I applied for H1B on April 2013 and Now my petition got approved. My questions here follow

 

1)Can I work in company X till Jan 2014 with L1B and after that can I stamp the H1B in canada.Immediatetly will g0 back to india for a month and will back to US with H1B then start work with new company Y.?

 

2)Can I work in company X till Jan 2014 with L1B and after that without stamping to H1B Can I Start work with H1B and after some month gone. Can I go and stamp in Canada.?

 

3)I need to start work from Oct 2013 in H1B since my H1B status is started with or without stamp H1B?

 

Please help me to which are the way is Good for my carrier since I have 4yrs of exp in IT. Are you can suggest any idea is appreciate here.

 

Please include what are the possibilities of rejection for my H1B stamping.

 

Thanks in advance!

[jairichi]

Hi,

 

I'm currently working in US with L1B for the company X. I'm in contract of L1B to work with company X till Jan 2014.

I applied for H1B on April 2013 and Now my petition got approved. My questions here follow

 

1)Can I work in company X till Jan 2014 with L1B and after that can I stamp the H1B in canada.Immediatetly will g0 back to india for a month and will back to US with H1B then start work with new company Y.?

 

2)Can I work in company X till Jan 2014 with L1B and after that without stamping to H1B Can I Start work with H1B and after some month gone. Can I go and stamp in Canada.?

 

3)I need to start work from Oct 2013 in H1B since my H1B status is started with or without stamp H1B?

 

Please help me to which are the way is Good for my carrier since I have 4yrs of exp in IT. Are you can suggest any idea is appreciate here.

 

Please include what are the possibilities of rejection for my H1B stamping.

 

Thanks in advance!

If your H1B petition was applied as COS from L1B to H1B with a start date as Oct 1st then you need to begin working for employer Y from Oct 1st.

But, if you would like to keep working with employer X then you need to exit and re-enter US on L1B visa. If you do this and later when you want to start working for employer Y then Y has to file a cap exempt H1B petition and upon approval you can start working immediately. In this case employer Y has to pay H1B fees again. I doubt whether your employer Y will be willing to do this.

[Dhana29]

jairichi Sorry I don't understand what do you mean as "COS from L1B to H1B". My case is I'm now in L1B working for company X in US in the mean while my H1B got approved for the company Y and the status has been start from Oct 1st.

 

I'm new for H1B so I'm confused on this. Please help. If you need more clarifiction let me know.

 

Thanks

[jairichi]

jairichi Sorry I don't understand what do you mean as "COS from L1B to H1B". My case is I'm now in L1B working for company X in US in the mean while my H1B got approved for the company Y and the status has been start from Oct 1st.

 

I'm new for H1B so I'm confused on this. Please help. If you need more clarifiction let me know.

 

Thanks

COS means change of status. Normally when you are in US, new employer would file a COS from one visa status to another.

 

In your case if your H1B I797 approval notice has an I94 attached to it then you need to begin working for employer Y from Oct 1st 2013.

 

But, if you prefer to continue working for employer X on L1B you need to exit and re-enter US on L1B visa. But, on a later time if you would like to begin working for employer Y then employer Y has to file a cap exempt H1B petition (pay all H1B fees) and upon approval you can start working for employer Y.

[Dhana29]

@jairichi Thanks for your detail reply. Everything I expect is available in your answer.

 

My other questions are,

1)As you said for the option of staying with employer X with L1B.

Quesion- If I want to work with employeer Y has to file acap exempt H1B petition (pay all H1B fees) - Can you explain in detail.

 

2)If my employeer 'Y' didn't attached the notice I94 then I can work till with L1B right?

 

3)How long I can wait to attach the notice after the H1B I797 approved?

 

4)When is right time to go for stamping after H1B I797 approved from Canada?

 

5)If I didnt stamp after the H1B approved and if I start work with H1B then

how long I can work in US?

If I go out of US for some reason and plan to back, in this case I need to stamp the H1B in my passport. so what are risk I have on this situation?

 

 

Please help with aware answer.

 

Thanks in advance!

 

[jairichi]

@jairichi Thanks for your detail reply. Everything I expect is available in your answer.

 

My other questions are,

1)As you said for the option of staying with employer X with L1B.

Quesion- If I want to work with employeer Y has to file acap exempt H1B petition (pay all H1B fees) - Can you explain in detail.

 

2)If my employeer 'Y' didn't attached the notice I94 then I can work till with L1B right?

 

3)How long I can wait to attach the notice after the H1B I797 approved?

 

4)When is right time to go for stamping after H1B I797 approved from Canada?

 

5)If I didnt stamp after the H1B approved and if I start work with H1B then

how long I can work in US?

If I go out of US for some reason and plan to back, in this case I need to stamp the H1B in my passport. so what are risk I have on this situation?

 

 

Please help with aware answer.

 

Thanks in advance!

 

First confirm whether your H1B was approved as COS or not. You could check this by looking for an I94 attached to your H1B I797 approval notice sent by USCIS. If you have an I94 with a new expiry date then it means it is a COS. If it was approved as COS then,

 

(1) You mentioned that you would like to continue working for current employer X till Jan 2014 and for that you need to exit US before Oct 1st and re-enter after Oct 1st using your L1B approval document and valid L1B visa. This will allow you to continue in L1B and nullify change of status to H1B.

 

 But, later when you want to join employer Y on H1B then a COS cap exempt H1B petition has to be filed by employer Y and upon approval you can begin to work immediately. This is still considered as normal H1B petition the only difference is that it is cap exempt. But, the H1B fee still applies and need to be paid again by employer Y.

 

(2) You are correct. If no I94 is attached to your new H1B I797 approval notice then you can continue to work on L1B for employer X.

(3) You can wait till the time you are ready to join your new employer Y or move from L1B to H1B. A new I94 for a H1B visa would be issued only if you enter with a valid H1B visa and I797 document.

(4) When you are ready to join your employer Y.

(5) If your H1B petition was not a COS then if you want to work for employer Y you can not do so with out getting a H1B visa stamped to your passport.

[Dhana29]

@jairichi Thank you for kind reply :)

 

My H1B Visa got approved. I have few more question are

 

1) After I stamped the H1B. Can I work with my employer X till the notice period ends (After I resign I need to stay with employer X for max 15 Days).?

Note: I wont resign the employer X until I will get H1B stamped in my passport.

 

2) I have schedule interview for stamping in Canada on Oct 2. My question is

 

By any chance of my H1B stamp got denied then Can I come back to US with my existing Visa L1B and Can I work with my employer X.

 

Thanks in advance!

[jairichi]

@jairichi Thank you for kind reply :)

 

My H1B Visa got approved. I have few more question are

 

1) After I stamped the H1B. Can I work with my employer X till the notice period ends (After I resign I need to stay with employer X for max 15 Days).?

Note: I wont resign the employer X until I will get H1B stamped in my passport.

 

2) I have schedule interview for stamping in Canada on Oct 2. My question is

 

By any chance of my H1B stamp got denied then Can I come back to US with my existing Visa L1B and Can I work with my employer X.

 

Thanks in advance!

Is your H1B petition a change of status (L1B to H1B) from Oct 1st? 

 

(1a) If yes, then your COS is effective from 1st Oct 2013. If would like to stay with employer X after Oct 1st you need to exit before Oct 1st and enter after Oct 1st with L1B visa and L1B approval notice. In case you would like to work for employer Y right from Oct 1st there is no need to travel.

(1b) If no, then you can continue working for your employer X till you decide to start working for employer Y. When you are ready to start working for employer Y then you need to exit and re-enter US with a H1B visa and I797 approval notice. But, if you want to start working for employer Y from Oct 1st you need to get a H1B visa and enter with with that and I797 approval notice.

(2) If your H1B visa is denied then you can enter US with your valid L1B visa and approval notice.

[Dhana29]

@jairichi Thanks for a great help.

 

My COS start from aft OCT 1st only.One more questions,

 

from your above explanation Why for the case (1A) can I start work with H1B without stamping and case (1B) I need to stamp before start work with H1B???

[jairichi]

@jairichi Thanks for a great help.

 

My COS start from aft OCT 1st only.One more questions,

 

from your above explanation Why for the case (1A) can I start work with H1B without stamping and case (1B) I need to stamp before start work with H1B???

(1A) The reason is if it is a COS then your H1B I797 approval notice will have your old I94 number but with a new expiry date. This allows you to work for employer Y without the need for a H1B visa as long as you are in US. But, in the other case (1B) there will not be an I94 document attached with I797 approval notice and therefore to get one you need to exit and enter with a H1B visa and new I94. In US visa is an entry document and date in I94 determines your legal status to stay.

 

I believe you have decided to join employer Y. Am I correct?

[Dhana29]

@jairichi Yes correct I decide to start work with Employer Y.

 

In my case COS file a new I94 to work in Employer Y with H1B. So as ur explanation My understanding is that I need to exit and get stamp and back to US.

[jairichi]

@jairichi Yes correct I decide to start work with Employer Y.

 

In my case COS file a new I94 to work in Employer Y with H1B. So as ur explanation My understanding is that I need to exit and get stamp and back to US.

Since it was approved as a COS (L1B to H1B) with a new I94 expiry date in I797 and you have decided to work for new employer Y there is no need to get a H1B visa as long as you stay within US. But, once you leave the country you need a H1B visa to enter US.

[Dhana29]

@jairichi My understanding is that consultancy applied new H1B for work with Employer Y. COS is depend on my L1b and H1B. Since they have applied new I94 in I797. In this case I need to start work with employer Y aft the stamping?

[Dhana29]

@jairichi  My understanding is consultancy applied a new H1B to work in employer Y. COS is not depent with L1B. In this case I feel I need to exit US for stamp and get back to US with H1B to work with Employer Y.

 

Correct me if am wrong.

[jairichi]

@jairichi My understanding is that consultancy applied new H1B for work with Employer Y. COS is depend on my L1b and H1B. Since they have applied new I94 in I797. In this case I need to start work with employer Y aft the stamping?

That is correct

[jairichi]

@jairichi  My understanding is consultancy applied a new H1B to work in employer Y. COS is not depent with L1B. In this case I feel I need to exit US for stamp and get back to US with H1B to work with Employer Y.

 

Correct me if am wrong.

Nope. As your change of status from L1B to H1B was approved by USCIS with a new I94 validity date you can begin to work for employer Y from Oct 1st 2013 without the need for a H1B visa. As I said, only I94 determines your valid status in US and not visa. Only when you leave US and want to re-enter again you need a H1B visa stamped in your passport.

[Dhana29]

@jairichi Sorry still in confusion. This is the situation.

I'm holding L1B and currently working for Employer A and X consultancy applied H1B for me to work with Employer B. My H1B got approved. Now I resigned job from Employer A.

Can I start work with employer B with or without H1B stamping?

[jairichi]

@jairichi Sorry still in confusion. This is the situation.

I'm holding L1B and currently working for Employer A and X consultancy applied H1B for me to work with Employer B. My H1B got approved. Now I resigned job from Employer A.

Can I start work with employer B with or without H1B stamping?

Since you have an I797 with I94 from X consultancy to work with employer B you can start working from Oct 1st with no visa stamping.

 

Stamping is needed only when you leave US after Oct 1st, say for vacation to your home country and want to re-enter. As long as you stay in US with a valid I94 there is no need for a H1B visa.

[Dhana29]

@jairichi okay! Thank you. for any questions in future will reach you.

[jairichi]

@jairichi okay! Thank you. for any questions in future will reach you.

You are welcome. Always confirm with your employer's attorney too.