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AMITAT007 10-03-2007 05:11 AM

L1 to H1 transfer
 
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.

s416504 10-03-2007 12:16 PM

Take a attorney help. I guess pending L1A extension gives you valid L1A status on Oct 1st. You must convert that extension application to premium so that You get quick result and then you can switch to H1B if extension denies.

kaisersose 10-03-2007 01:28 PM

Quote:

Originally Posted by AMITAT007 (Post 177438)
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.

Your status is determined by your most recent I-94. If the H approval came with an I-94, then your current status is H and you cannot work for your L employer from Oct 01.

My wife was in a similar situation. She went out of the country (to Toronto) on Sep 30 and returned after Oct 1 using her L visa and got a new I-94 so that she could continue on L status. To use her H visa in future, she will have to go out of the country again and get a visa stamped.

There may also be a way to activate the H-1 from here, but no one is clear about that including hotshot $440 for 15 minutes attorneys. Everyone has a different opinion and no one is really sure. Most attorneys are not familiar with L-> H transitions and they incorrectly assume this is similar to H -> H transition. But H -> H is not a status change unlike F -> H or L -> H.

AMITAT007 10-04-2007 12:14 AM

thanks for prompt response
 
My H1 approval & L1 extension both have I94.
H1 notice dt May 17, 2007, I-94 valid from Oct 1,2007
L1 extn notice dtd June 27, 2007, I-94 valid from Sept 10, 2007

according to you the H1 is valid? What should I do now. Is it ok for me to go to mexico & get L1 visa. (as my visa has expired). I had planned of visiting mexico by sep 30, but i met an accident.

What do u suggest

agadre 10-19-2007 08:43 PM

L1 to H1 Transfer - New rules?
 
Quote:

Originally Posted by AMITAT007 (Post 178078)
My H1 approval & L1 extension both have I94.
H1 notice dt May 17, 2007, I-94 valid from Oct 1,2007
L1 extn notice dtd June 27, 2007, I-94 valid from Sept 10, 2007

according to you the H1 is valid? What should I do now. Is it ok for me to go to mexico & get L1 visa. (as my visa has expired). I had planned of visiting mexico by sep 30, but i met an accident.

What do u suggest

Are there any new rules for L1 to H1 transfer with regards to joining date to the H1 employer?
I know many cases where folks have transferred from L1 to H1 but never used the H1. They have continued to use the old L1 and went back to India after 8-10 months.
I heard someone say there is a new rule that one has to join the new employer within 60 days of the approval or else you are out of status.
Could someone please throw some light.


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