L1B to H1B through CoS- maximum validity to remain on L1B

[Happy123]

Hi,

 

I have L1B visa till Nov 2014 with employer A.My spouse is on L2; we both are in USA now and working.

 

Some employer B filed my H1B this year with CoS and it got approved on Oct 24.

 

My employer got a new I94 and my status is changed to H1B.

My employer did not communicate this to me that my status has changed and I need to work for him. My case was not visible in USCICS website so I too was not aware of it. 

 

Now he calls me up and informs me that i cannot work with employer A and should come on to his payroll immediately.

I have not yet applied for change of status for my spouse yet.

 

What is the maximum time i can work with my current employer A after the COS to H1?

If I go out of the country and come back on a L1 visa, can my spouse remain in US on L2 and continue working?

 

Your quick response will be much appreciated.

 

Thanks

[jairichi]

 

Hi,

 

I have L1B visa till Nov 2014 with employer A.My spouse is on L2; we both are in USA now and working.

 

Some employer B filed my H1B this year with CoS and it got approved on Oct 24.

 

My employer got a new I94 and my status is changed to H1B.

My employer did not communicate this to me that my status has changed and I need to work for him. My case was not visible in USCICS website so I too was not aware of it. 

 

Now he calls me up and informs me that i cannot work with employer A and should come on to his payroll immediately.

I have not yet applied for change of status for my spouse yet.

 

What is the maximum time i can work with my current employer A after the COS to H1?

If I go out of the country and come back on a L1 visa, can my spouse remain in US on L2 and continue working?

 

Your quick response will be much appreciated.

 

Thanks

 

You working for your current employer on L1 is unauthorized employment. You have to stop working for L1 employer right away. And, your spouse is on illegal status from Oct 24. You and your wife need to exit and enter US with L1 and L2 visa respectively.

[Happy123]

Thank you for the quick response.I will  travel to mexico to night and re-enter the country

[t75]

You may be liable for damages to your H1B employer for failing to appear for work.

[Attorney_23]

You may be liable for damages to your H1B employer for failing to appear for work.

 

Unless there's a contract specifically stipulating to this, it's highly unlikely an individual can be found liable for failing to appear for work.

[rajuone]

Dear Attorney_23, I am in exact same situation. I went out of country couple of weeks back, came back with L1 visa and working with L1 employer. Now, H1B employer is asking me damages for not showing up. My contract did not include any clause like this, but, he is threatening that I was on invalid status for few days before I came back with L1 visa. He is threatening that he will inform DHS/USCIS about this. Can they complain about that past "invalid status", when I am on valid status now after re-entry?

 

can you please help?

[Attorney_23]

Dear Attorney_23, I am in exact same situation. I went out of country couple of weeks back, came back with L1 visa and working with L1 employer. Now, H1B employer is asking me damages for not showing up. My contract did not include any clause like this, but, he is threatening that I was on invalid status for few days before I came back with L1 visa. He is threatening that he will inform DHS/USCIS about this. Can they complain about that past "invalid status", when I am on valid status now after re-entry?

 

can you please help?

 

If you were in invalid status for a few days, I suppose an employer could notify the USCIS. But, I would be surprised if the government took any action on this against an individual if the status violation was only for a few days, and the individual is now in valid status.

[rajuone]

Dear Attorney_23, I was on invalid status for around 60 days (from oct 1st to nov end). I am not sure whether this would change your answer.

 

These 60days, I was continuing with my L1B employee as my H1B employee could not find any job (nor provided any salary) and later I went out of US and came back, continued with L1B employee.

 

And I am not sure whether my H1B employer would go to the extend of complaining to DHS/USCIS as I have paid thru check for my H1B fees in April, 2013. In this case, should I talk to an Labor Attorney or Immigration Attorney so that I can get detailed clarifications.

[Attorney_23]

Dear Attorney_23, I was on invalid status for around 60 days (from oct 1st to nov end). I am not sure whether this would change your answer.

 

These 60days, I was continuing with my L1B employee as my H1B employee could not find any job (nor provided any salary) and later I went out of US and came back, continued with L1B employee.

 

And I am not sure whether my H1B employer would go to the extend of complaining to DHS/USCIS as I have paid thru check for my H1B fees in April, 2013. In this case, should I talk to an Labor Attorney or Immigration Attorney so that I can get detailed clarifications.

 

Based on the information you have provided, your employer may have violated the law by failing to pay you for this period of time. This likely means you were out of status and engaged in unauthorized employment, but this would not in any way protect the employer. Further, by paying for the H1B, this could create even more problems for the employer.

[t75]

Attorney_23,

 

There must be some way to better educate applicants about their rights and responsibilities.

[rajuone]

Thanks Attorney_23 & t75 for your replies. I will try to talk to an Immigration Attorney quickly.

[Attorney_23]

Attorney_23,

 

There must be some way to better educate applicants about their rights and responsibilities.

 

Yes, I agree. I wish the consulates and the USCIS would be more proactive in this regard.