| Q. |
L1 to H1 Clarification..
I came to US on L1-B through Company A during Nov 06, and got my H1-B COS approved for Company B which was valid from Oct 07. But i continued working for Company A and also got my L1-B Extn during Feb 08(in all the 3 cases the I-94 # is the same), and still working for company A on L1-B. Now i would like to join company B.
Can you pls confirm,
i) will i be able to start working for company B without stamping of H1-B/Any other paper works - as my H1-B was a COS & expires only at Aug 2010?
ii) if above is not possible, is there a way that i can file a 'Change of Status application(like Form I-539 or other)' to Change my status to H1-B - to start working for company B? If that is possible, can you pls mention me of - what are the ways to do it & how much each such way would cost?
User's Location:
Stamford, Connecticut, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question.
You had L-1 status between November 2006 and October 2007. On October 2007 your status automatically changed to H-1B and as a result you could only work for Company B. Your employment for Company A between October 2007 and now is unauthorized.
You should be able to join Company B. However, the fact that you were working without authorization for a long period of time is likely to place your green card process in danger. Although you can start working for Company B without having to change status or file other paperwork, I urge you to plan a trip outside the U.S. and come back on H-1B visa to reset the clock on unauthorized employment for green card adjustment of status purposes (if this is applicable to you, please see http://www.cilawgroup.com/news/2008/07/31/neufi...)
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. |
Given the fact that i got my L1-B Extension Approval(valid from Feb 23rd, 2008) during Feb 2008, i thought my status got reverted to L1-B while my L1-B Extention was approved. Can you confirm on that, and tell me what status i am in now?
Also given the fact that i had my L1-B extension within the 180 days window(during Feb 2008), do you still think that i will have problems during my green card adjustment of status processes? (FYI: i haven't started my green card process yet..)
Given the above and if we conclude that my current status is L1-B, do you still believe - i can start working for Company B without having to change status or file other paperwork?
Your valuable answers for the above questions is much appreciated. |
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| A. |
Did your L-1 extension in February 2008 request change of status? In other words, did you get a new I-94 card? If not, then your status is still H-1. Otherwise, since this is the last action by USCIS, you have valid L-1 status.
The 180 days exemption applies since your last admission in the U.S., not the last time you changed status. As a result and since you have not traveled since November 2006, the period in which you can have 180 days unlawful employment is between November 2006 and now. |
| |
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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