H1B kicked in, but would like to return with L2 visa - Very urgent


velpuri1035

Recommended Posts

Entered US as L2 dependent with valid Visa and I94 until Nov 5 2016.

 

Processed h1b(2014) this year through desi consultant and before processing it is said that for bench their wont be any pay checks generated. 

 

Now since the H1b kicking from OCT 2014, consultant said until 60 days with out pay stub I can be present at US.

 

Now the situation is , my  spouse(L1) is leaving india on OCT 2014 and may return with L1 Visa for another project.

 

Q1. How long can I stay with H1b  petition active with out pay stub at US. Wouldnt be a problem if they ask for proof for h1b transfer as it may some more time to get the project allocated.

 

Q2. What do you suggest, if i leave US on OCT 2014 and later if I enter  - what is expected at port of entry. ( Say I would go for a  1 month vacation)

 

a. Valid H1B visa stamped with I797 petition approval (or)

b. Since my L2 visa is valid, I can enter as L2 visa(  Does EAD associated with also will be valid).  To activated h1b, employer has to do COS from L2 to H1b again.

Link to comment

Hi Jairchi,

 

Thank you.

 

What is the proof to show that I have reported to employer, since it is an consulting firm, the discussion would be over phone due to different locations. Only proof can be email.

 

How can it be out of status as If I join h1b employer after 60 days, as it is expected with this scenario their wont be pay stubs from h1 employer. Doesnt this 60 days looks contradictory.

Link to comment

Hi Jairchi,

 

Thank you.

 

What is the proof to show that I have reported to employer, since it is an consulting firm, the discussion would be over phone due to different locations. Only proof can be email.

 

How can it be out of status as If I join h1b employer after 60 days, as it is expected with this scenario their wont be pay stubs from h1 employer. Doesnt this 60 days looks contradictory.

You will be asked to fill I9 form when you join or report to employer.

If employer does not pay you after you join then by immigration law you are considered out of status.

Link to comment
  • 2 weeks later...

 

I am currently working in the USA with an L1B VISA from Employer-A and i have applied H1B VISA this year. I had an RFE for my H1B VISA and i have submitted required documents and current status is Request for Evidence Response Review. 

 

As i have to serve a 60 day notice to employer-A before moving to Employer-B(H1B), My question is how long i can continue to stay on L1B VISA and what will be the impact of working on L1B visa even after an approved H1B.

 

If i can continue to work on L1B for some time, what is the process to convert from L1B to H1B. Do i have to go back to my home country for stamping?

 

I want to continue to work on L1B and visit India in December and return to the USA with L1B itself and then switch over to H1B in March. Please let me know if this is possible.
Link to comment

Was your H1B petition filed as COS?

Once your COS is approved you need to stop working for L1B employer as it is considered unauthorized employment. If you would like to continue working for L1B employer then you need to exit and enter US with a valid L1B visa and I797.

If H1B is approved as consular processing you can continue to work for L1B employer and when you want to move to H1B status then exit and enter with a valid H1B visa and I797.

Link to comment

Archived

This topic is now archived and is closed to further replies.