Maintaining L1 Status


adavan

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Posted

One of my friend is currently in US on L1A and his VISA is valid tilll 2017. Looks like he also applied for new H1 through another employer , to file through consular processing, but not sure whether they did file the H1 through Change of Status or consular processing. His H1 got picked in the H1 lottery and he got the receipt number but the new employer is not sharing the receipt.

The Question is 
1. How to find out whether the filing is done through COS or consular processing.
2. If the filing is done through COS and if it is approved before Oct 1st. What will happen to the L1.
3. If the filing is done through Consular process and if it is approved before Oct 1st. What will happen to the L1. 
4. What should he do to continue on L1, on both the cases. 
5. Will it help if he exit US before 1st Oct . In case if he exits, When should he re-enter on L1, before Oct 1st or after effective date of COS ?. Please advice.

Posted

1. the employer will have to share once it gets approved.

2. L1 status will end on Sep 30.

3. Nothing

4. If no COS, nothing needs to be done. If COS, then he must leave the US before Sep 30 and return with L1 Visa and petition after OCt 1. That will invalidated the COS.

5. See above.

Posted

1. Ask employer. No other way.

2. L1 status will end on Sep 30th.

3. He will continue to stay on L1.

4. If applied and approved as COS then he has to exit and enter US with a valid L1 visa and I797 on Oct 1st. 

5. If applied as COS and he exits before approval then COS is considered abandoned and he will continue to be on L1 status till he goes for H1B visa stamping and enters with a valid H1B visa and I797. 

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