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  #1 (permalink)  
Old 07-27-2008, 09:14 PM
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kumar v is on a distinguished road
Default Came to US on L1.Can I work on my H1 approved petition

I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.

Can I work directly on my H1B petition with out stamping visa?

Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
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  #2 (permalink)  
Old 07-27-2008, 09:17 PM
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Default did u apply?

When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.

Quote:
Originally Posted by kumar v View Post
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.

Can I work directly on my H1B petition with out stamping visa?

Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
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  #3 (permalink)  
Old 07-28-2008, 01:29 AM
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Default Apply for COS

Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.
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  #4 (permalink)  
Old 07-28-2008, 11:35 AM
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Default

If you donít want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
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  #5 (permalink)  
Old 07-28-2008, 11:52 AM
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Default

Quote:
Originally Posted by kumar v View Post
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.

Can I work directly on my H1B petition with out stamping visa?

Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?

It depends on the type of H-1 approval you have.

1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
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  #6 (permalink)  
Old 08-09-2008, 06:54 PM
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kumar v is on a distinguished road
Default

As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

My Approved H1 B petition does not have change of status i.e 1-94.

I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

My question is:

If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

Please suggest me the better approach.

My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

Regards
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  #7 (permalink)  
Old 08-10-2008, 01:58 AM
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Default

Kumar,

We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.


Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.
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  #8 (permalink)  
Old 08-10-2008, 11:53 AM
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Default Here are the answes

Quote:
Originally Posted by kumar v View Post
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

My Approved H1 B petition does not have change of status i.e 1-94.

I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

My question is:

If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

Please suggest me the better approach.

My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

Need more PM me.

Good luck.
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