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James R. Mayock, Immigration Lawyer
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James R. Mayock
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(415) 765-5111
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Law Firm: Elliot & Mayock LLP
Location: San Francisco, CA 94104
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.emvisa.com
Posted on 02 Jul 2009
Q.

L1 to H1 Change of Status

I am currently in USA on L1 visa valid till June 2010 through company A. I have approved H1 from company B that will come into affect from October 2009.

Can I travel to India on L1 and comeback on L1 before October 1st? What will happen to my H1 in this case.
Can I travel to India on L1 and comeback on L1 after October 1st? What will happen to H1 in this case.

I don't want to get H1 stamped in either of the above two cases and want to continue on L1. Is that possible. If yes, if I want to change to H1 later, can I do that?

Thanks

User's Location: LA, California, United States of America
Category: H1B, H4, L1, L2 Visa
Posted by James R. Mayock on 02 Jul 2009
A. Can I travel to India on L1 and comeback on L1 before October 1st? What will happen to my H1 in this case. A: We are under the impression that the change of status & employer will take effect on 1 Oct 09.

Can I travel to India on L1 and comeback on L1 after October 1st? What will happen to H1 in this case. A: You will no longer be in status for B, but will be restricted to working in L-1 for A.

I don't want to get H1 stamped in either of the above two cases and want to continue on L1. Is that possible. If yes, if I want to change to H1 later, can I do that? A: Seems like you will have to leave the US after 1 Oct 09 and re-enter in L-1 status. Later, you can segue to H-1B [again].
 

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.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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