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  #1 (permalink)  
Old 11-08-2008, 09:29 PM
Junior Member
Priority Date
:
Oct-06
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N/A
I140 Mailed Date
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:
India
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ganesh_sholapur is on a distinguished road
Default Urgent help needed , please

Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.

Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
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  #2 (permalink)  
Old 11-09-2008, 02:45 PM
Senior Member
Priority Date
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Nov-04
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EB2
I140 Mailed Date
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06/01/2007
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:
India
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I-485
I485 Mailed Date
:
07/29/2007
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Posts: 260
vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of
Default

My quires are.
1. Do i need to go for stamping in Canada or Mexico

Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
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  #3 (permalink)  
Old 11-09-2008, 03:54 PM
Senior Member
Priority Date
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Feb-08
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I140 Mailed Date
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07/23/2009
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Default

Quote:
Originally Posted by ganesh_sholapur View Post
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.

Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:

I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.

1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.

So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?

If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #4 (permalink)  
Old 11-09-2008, 04:52 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
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:
India
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I-140+I-485
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:
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Default Check this out...

Vikki76,

Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.

Ganesh_Sholapur:

Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.

1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.

2. Can i work for company B with my H1B approval.??

No you cannot.
3. To start my new job, do my employer should change my status

Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.

yes, all should leave the country before u r L1 expires.


Hope my responses helped you...




Quote:
Originally Posted by vikki76 View Post
My quires are.
1. Do i need to go for stamping in Canada or Mexico

Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
__________________
PD: Dec 2006
Type: EB2
GC approved : July 12th, 2011

We have two futures; future of desire and future of faith. Man has not learnt to reconcile both.
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  #5 (permalink)  
Old 11-17-2008, 05:08 PM
Junior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
04/04/2007
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:
India
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:
I-485
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:
08/04/2007
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Posts: 8
oldguynewguy is an unknown quantity at this point
Default Travel on H-1b or AP

Hello,

I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.

Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.

Your assistance will be greatly appreciated.

Thanks.
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