Help: L1 to H1 COS - I485 filing; any issues ?


chepurs

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Hi,

I will make this a "short" story for your review.

 

1. Started work in USA on L1B visa, Employer A mid of 2006 thru mid of 2007.

2. Applied for H1B through Employer B, with COS and got it approved effective Oct 1, 07.

3. Meanwhile, I travelled to Home country in mid August'07 returned in mid September of '07 => would this have voided my H1B COS ? Because, I specifically entered with L1B visa (Employer A) and my I-94 changed.

4. Again, I travelled in Jan' 08 to Home country to get my L1 visa (Employer A) stamped; re-entered USA again with visa.

5. In mid of 2010, I worked with Employer C, who filed H1 extension on my old H1 petition and I'm currently working for them and my GC is also in process, I'm now eligible to apply for I-485 (with recent Visa bulletin changes).

 

Now, my question is:

1. Was my stay in the country "out of status" (or) "wrongful" status during my H1B COS period, i.e, Oct 1, 2007 thru Jan, 2008 ? please note that I was still working for Employer A during that period. Wouldn't my trip to Home country before COS, nullify my COS with an old I-94 ?

2. If I apply for I-485 now, at what stage would they be going through all my entry, exit records and determine if I was okay ?

3. If I was in "wrongful" status with out intent, what are chances that I can defend my case ?

4. Please note that "Employer B" didn't really sought any approval before filing COS for me; would that help defend my case ?

 

Please guide.

 

Thanks.

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