L1B to H1,want to continue in L1

[venky328]

I am working on LI B and my visa is valid till next 6 months. I have applied for H1 b with a new employer in 2013 and my application got picked up in lottery. 2 months back I received a minor RFE and employer responded in the following week. I am expecting a decision with in next week as 60 days time would be completed to make a decision.

 

1) If I am approved with H1B in next couple of weeks, Do I need to start working with new employer once approved or can I continue to work on L1 B till I decide to move to new employer on H1B ?

 

2) If i want to stay with L1B visa and my spouse with L2,what need to be done.

3) If i go alone out of US country and come back with in a week,can i start continuing in L1B?

 

Please reply me.

[Attorney_23]

I suggest you read the following

 

What if H1B Change of Status is Not Wanted After its Approval?

[Sindhu Rudraiah]

This scenario is not a status change but a complete fresh H1b process I believe. Can u confirm venky. My followup question is:

Scenario 1: working with companyA in L1b and companyB applying for status change to H1b.

Scenario 2: working with company A in L1b and companyB applying fresh H1b petition.

Is both the scenarios considered same? Or if they are different, then a candidate can continue with L1b and hold the approved H1b petition for future transfer when desired.? Please clarify.

[jairichi]

This scenario is not a status change but a complete fresh H1b process I believe. Can u confirm venky. My followup question is:

Scenario 1: working with companyA in L1b and companyB applying for status change to H1b.

Scenario 2: working with company A in L1b and companyB applying fresh H1b petition.

Is both the scenarios considered same? Or if they are different, then a candidate can continue with L1b and hold the approved H1b petition for future transfer when desired.? Please clarify.

Do not just believe. Confirm with your new employer whether it is change of status or consular processing.

Scenarion 2: If it is consular processing then it is different.

If it is change of status by filing a new cap subject petition the candidate has to start working for new employer from Oct 1st. If it is consular processing then the candidate can work on L1B till he/she exits US and decides to return on H1B visa.

 

If after change of status approval candidate wants to stay on L1 then the candidate has to exit and re-enter US on an unexpired L1B visa and approval notice and get a new L1B I94 at POE.

 

If you do not join new employer who sponsored H1B by law the employer has to revoke H1B petition. But, this will not affect any future cap exempt petitions filed by new employers.

[pontevecchio]

A status change in the case referenced always implies a H1 petition filing with COS from L1.

[Attorney_23]

This scenario is not a status change but a complete fresh H1b process I believe. Can u confirm venky. My followup question is:

Scenario 1: working with companyA in L1b and companyB applying for status change to H1b.

Scenario 2: working with company A in L1b and companyB applying fresh H1b petition.

Is both the scenarios considered same? Or if they are different, then a candidate can continue with L1b and hold the approved H1b petition for future transfer when desired.? Please clarify.

 

A straight petition with no change of status request would typically have no impact on the status of a foreign national in the U.S.

[sp_0826]

@ Attorney_23

 

How would we know if the H1B petition was filed as COS or Consular Processing ? 

If the H1B approval notice was received with the same I-94 as of L1 status, can we assume it was filed as a COS ?

 

My friend's H1B was approved initially, approval notice with same L1 I-94 was received and then the case was re-opened and still pending till date. If his petition is denied now, can he exit US (please note it's after October 1 now) and enter US back with his L1A valid petition and Visa ?

 

Thanks