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  #1 (permalink)  
Old 04-15-2009, 07:43 AM
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Mohank.nb is on a distinguished road
Default H1 B Approved but travelled in L1

Hello,

I have my H1 B approved in 2008 but had my L1 B stamped on May 2008 .I did not get H1 stamped,I travelled in L1 B and was working for a company which is not same as my H1 consultant.Can i revive my H1 and work or the consultant after going back to India?
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  #2 (permalink)  
Old 04-15-2009, 11:07 AM
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Depends on how you are going to re-ENTER USA (L1/H1 stamp). Status changes are not automatic. If you enter in L1, having a previous H1 approval doesn't allow you to start a job in H1. You need to file a "change of status" petition, showing previous H1 approval and current L1 status.

Also note that at the time of re-entering using L1 visa, you should have proper intentions of working for the L1 company in L1 status. The other option is to appy for H1 stamping, when you are in India, and enter in H1 status.

-Morchu

Last edited by morchu; 04-15-2009 at 11:13 AM.
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  #3 (permalink)  
Old 04-15-2009, 11:53 AM
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txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future
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Quote:
Originally Posted by morchu View Post
Depends on how you are going to re-ENTER USA (L1/H1 stamp). Status changes are not automatic. If you enter in L1, having a previous H1 approval doesn't allow you to start a job in H1. You need to file a "change of status" petition, showing previous H1 approval and current L1 status.
Well, it depends. If the H1b was approved as a COS from Oct 1st from L1 and the L1 user travels and returns on L1 prior to Oct 1st, as per the Efren Hernandez memo, the status does change to H1b automatically from Oct 1st.
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  #4 (permalink)  
Old 04-15-2009, 11:55 AM
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txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future
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http://www.murthy.com/news/n_cosapp.html
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  #5 (permalink)  
Old 04-15-2009, 03:04 PM
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Note that MohanKB mentioned 2008 H1. So his H1 I assume is not for "future" start date.
What you mentioned applies only if H1 is approved with a future start date.

-Morchu

Quote:
Originally Posted by txh1b View Post
Well, it depends. If the H1b was approved as a COS from Oct 1st from L1 and the L1 user travels and returns on L1 prior to Oct 1st, as per the Efren Hernandez memo, the status does change to H1b automatically from Oct 1st.
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  #6 (permalink)  
Old 04-15-2009, 06:56 PM
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Thanks for the reply ,so If I go back to india (currently I have L1 stamped) can I go for stamping H1 or do I need to file a change of status?
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  #7 (permalink)  
Old 04-16-2009, 04:28 PM
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You hold a "status" inside the US. The moment you return the I-94 at exit, you do not officially hold a status. When you are in India, you can appear for whatever visa that you wish to maintain status in US upon returning provided you qualify for it.
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