mbhavesh1 Posted May 3, 2015 Report Posted May 3, 2015 I am currently residing in US with L2 status which is valid for another 3 years.I have an EAD card (using L2) with which I am doing a job for employer A.Potential Employer B applied for H1B visa in April 2015 under premium processing which is approved for 3 years and its COS will happen shortly. The issue here is that I wish to travel in the month of August 2015?Can I travel?I shall be rentering US in September on L2 visa. Does my employer B need to file a second petition after October 1 due to my visit? Employer B tells me that "H1B will be active only when they pay me salary. Till then I shall be on L2". Is that true?If H1b will be abandoned, what would be the cost of reapplying my petition? What issues will I face if I travel out of US with an approved H1b petition?
jairichi Posted May 4, 2015 Report Posted May 4, 2015 Since your H1B petition is approved as COS you can travel. You can enter US with a valid L2 visa and supporting documents before Oct 1st. Automatically you will move to H1B status from Oct 1st. H1B is active for you from Oct 1st and reporting to employer and not when they start paying your salary. Sounds like your employer B is a fraud.
mbhavesh1 Posted May 6, 2015 Author Report Posted May 6, 2015 Here are the h1b premium case details so far: Case History04/30/2015We approved your Form I-129, Petition for a Nonimmigrant Worker. 04/20/2015We received your Form I-129, Petition for a Nonimmigrant Worker, and emailed you a receipt notice. It is being processed at our Vermont Service Center location. 04/17/2015We received your request for premium-processing of your Form I-129, Petition for a Nonimmigrant Worker, and mailed you a receipt notice. Next StepsWe will mail our decision to you. The notice will explain any action you need to take. It looks like my COS wasn't applied for. Will it mean that I shall continue to remain on L2 after October 1st. Can I travel to India now?
jairichi Posted May 7, 2015 Report Posted May 7, 2015 Here are the h1b premium case details so far: Case History 04/30/2015 We approved your Form I-129, Petition for a Nonimmigrant Worker. 04/20/2015 We received your Form I-129, Petition for a Nonimmigrant Worker, and emailed you a receipt notice. It is being processed at our Vermont Service Center location. 04/17/2015 We received your request for premium-processing of your Form I-129, Petition for a Nonimmigrant Worker, and mailed you a receipt notice. Next Steps We will mail our decision to you. The notice will explain any action you need to take. It looks like my COS wasn't applied for. Will it mean that I shall continue to remain on L2 after October 1st. Can I travel to India now? Check your H1B I797. If it has an I94 then it is approved as COS. In that case you will automatically move to H1B status from Oct 1st. To stay on L1 you will have to exit and enter US on Oct 1st with a valid L1 visa and I797. You can travel to India.
mbhavesh1 Posted May 7, 2015 Author Report Posted May 7, 2015 I am currently on L2 status and employer says that H1 was applied for in such a way that COS wont happen automatically on October 1st which mean the I797 once I receive it wont have the I94 printed. Does this mean that the explicit COS needs to be applied for after October 1st anytime? My travel to India from now till October will only reinstate my L2 status and I shall continue to remain on L2 even after October 1 then till an employer applies for COS.
mbhavesh1 Posted May 7, 2015 Author Report Posted May 7, 2015 L1/L2 both are valid till the end of next year so I can continue to be on L2 if I wish till then.Will my H1 petition be abandoned?Can I travel to India in August?
jairichi Posted May 7, 2015 Report Posted May 7, 2015 I am currently on L2 status and employer says that H1 was applied for in such a way that COS wont happen automatically on October 1st which mean the I797 once I receive it wont have the I94 printed. Does this mean that the explicit COS needs to be applied for after October 1st anytime? My travel to India from now till October will only reinstate my L2 status and I shall continue to remain on L2 even after October 1 then till an employer applies for COS. That is correct.
jairichi Posted May 7, 2015 Report Posted May 7, 2015 L1/L2 both are valid till the end of next year so I can continue to be on L2 if I wish till then. Will my H1 petition be abandoned? Can I travel to India in August? Yes. Your H1B will be processed. No issue with that. You can travel anytime.
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