L1 to H1 CoS approved with old I-94

[m007averick]

I had applied for H1B last year (2013) with change of status. However due to a personal emergency I had to travel to India. Let's say before travelling to India my I 94 was 1111 (this is the the I 94 which was submitted with H1B petition). After returning I got another I 94 , with number (say) 2222. Now I got my petition approved (yes more than an year) with CoS also approved. I have read that in my case COS should have been abandoned as I traveled while CoS was pending, but that did not happen. Also I got the I 94 in approved CoS as 1111. Based on my reading on different forums, this approved CoS is invalid and its a mistake crom USCIS, and I cannot work for H1B employer. So I am not sure -

1. Am I on L1 as the CoS though approved is invalid?

2. How do I make sure that I am on L1, so in future there is no issue?

3. If I want to continue on H1, what should I do?

 

TIA

[jairichi]

I had applied for H1B last year (2013) with change of status. However due to a personal emergency I had to travel to India. Let's say before travelling to India my I 94 was 1111 (this is the the I 94 which was submitted with H1B petition). After returning I got another I 94 , with number (say) 2222. Now I got my petition approved (yes more than an year) with CoS also approved. I have read that in my case COS should have been abandoned as I traveled while CoS was pending, but that did not happen. Also I got the I 94 in approved CoS as 1111. Based on my reading on different forums, this approved CoS is invalid and its a mistake crom USCIS, and I cannot work for H1B employer. So I am not sure -

1. Am I on L1 as the CoS though approved is invalid?

2. How do I make sure that I am on L1, so in future there is no issue?

3. If I want to continue on H1, what should I do?

 

TIA

COS would have been approved by error. Talk to your attorney and if needed exit and enter US with a valid H1B visa and new I797.

[m007averick]

COS would have been approved by error. Talk to your attorney and if needed exit and enter US with a valid H1B visa and new I797.

Thanks!

1. What would be my current status L1 or H1? My employer's lawyer is saying that though CoS is approved in error I am on H1.

[jairichi]

Thanks!

1. What would be my current status L1 or H1? My employer's lawyer is saying that though CoS is approved in error I am on H1.

H1B due to error by USCIS. But, you need to get it corrected.