| Q. |
Change of Status from L1 to H1
I am currently working in US on L1 Visa thru Company "A".
However, I got H1 petition (along with valid I-94) approval (change of status) from another Company "B".
Now I have to go to India for two weeks personal trip next month.
My question: Do I have an option to return back to US on my L1 visa or is it true that my L1B has been invalidated automatically (since I have got the H1B change of status)
My L1B is valid till Oct 2010.
I want to return back US on L1 visa again and work for the same company "A" till December and would like to change to company "B" in January in H1B visa. Pls help
User's Location:
North Bergen, New Jersey, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question.
Congratulations on your H-1B approval. Are you still working for Company A? If so, such employment is most likely unauthorized because the change of status to H-1B automatically terminates your L-1 status so you can work only for Company B.
You can return to the U.S. on L-1 visa only if you have a valid L-1 visa stamp in your passport and you will be working for Company A. You can present a letter or a pay-stub from Company A to show that you will be working with Company A upon your return. Assuming you have a valid L-1 visa stamp, upon entry into the U.S., you will have L-1 status. This, however, means that you will not be able to start working for Company B until either (i) you apply for a change of status from L-1 to H-1B or (ii) you leave the U.S., apply for an H-1B visa stamp abroad, and then travel back to the U.S. and enter using your H-1B visa stamp.
Please do not hesitate to contact me if you have any further questions or comments.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
I am still working for company A. I got my H1 along with I-94. My H1B is a change of status but I am still working for company A. Can I go and return back US on L1 visa? What will happen to my H1 change of status.
My L1 is valid till 2010. Should I go for stamping again if i want to return back US on L1?
Pls help |
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| A. |
Thanks for the follow-up. You are not authorized to work for Company A - by continuing to work for Company A you are exposing yourself and Company A to legal risk.
If you want to continue working for Company A you should either (A) file for a change of status from H-1B to L-1 or (B) leave the U.S. and come back using a L-1 visa stamp in your passport. If you do (A) or (B), you will be in L-1 status.
Your H-1B approval will not be cancelled; however, if you wish to start working for Company B under H-1B status, you will have to either (A) file a new change of status or (B) leave the U.S., obtain H-1B visa stamp and come back to the U.S. using the H-1B visa stamp.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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