L1 to H1 Transfer

[agath]

What is the name of your state? CA

Hi,

I'm currently in L1-A visa for employer A and I recently applied for transfer to H1-B for employer B which got approved. I came to know from the petition that my status will change to H1 on 10/1/2007. Now I have an intention to continue with employer A. Is there anyway I can continue to work with employer A? I've not yet started to work with employer B. So what are the options available to continue working with employer A? What should employer A or myself do in order to make this possible?

regds
agath

 

[ImmigAttyLana]

No, you would have to refile a change of status back to L-1 or depart the US and enter on the L-1 visa and the L-1 approval notice around 10/1/07 in order to be able to continue to work for employer A in L-1 status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[agath]

Thank you very much for your response, but I still have further queries. It would be great if you can help me on the same.

1. Actually my L1 visa has expired and I've currently extended my I-94 to continue my stay here. Can I still go outside the US and come back after stamping my L1 visa again? My L1 petition is valid till 2009.

2. If I do the above will I be able to use my existing H1 sometime later in the future (H1 petition is valid upto 2010) ?

3. If I don't file a change of status now for my L1 to H1, can I really go outside US and enter back with L1 around November? I know you've answered this query, but I still want to confirm because I've changed my intention to work with my employer A (who sponsored my L1) itself rather than employer B (who sponsored my H1). Also if I come back in L1 again to US, will my H1 petition be still valid?

4. I'm planning to go out of US, by around october, and by that time my status will change to H1, so can I still do what I said in step 3?

5. One final query. Will it be a problem while taking the consulate interview if I come back in L1, while I still have a valid H1 petition? I mean will they question me in any way as to why I'm doing this?

Sorry for pestering you with a lot of questions. I'm really confused on this process and need some help.

 

[ImmigAttyLana]

These are fairly detailed questions regarding your specific situation. I would be happy to address them if you contact me directly. I have already explained to you in general terms what needs to be done, but to answer case specific questions, I am not able to do this on the public forum.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.