L1 to H1 Change of Status

Old Oct 8th 2004, 2:42 am
  #1  
Manoj
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Default L1 to H1 Change of Status

Hi All,
Here is my situation.

Currently I am on L1B visa with company A and company B has filed
I-129 form to change my status from L1 to H1.
The petition is still pending for approval to INS.

I know, if this petition gets approved, I have to leave my job with
company A immediately.


1. Is there any way around where I don't have to leave the job with
company A immediately after the petition approval.

2. the attorny of company B has given the desired employment date as 1
Dec 2004. what happens if the petition gets approved before that time.
Then also do I have to leave the company A immediately or can i wait
till 1 Dec 2004.

3. If I don't want to go with the change of status of company B. How
we can do so before the petition gets approved? will there be any
adverse effect on my getting H1 visa next time?

I would really appreciate if some body could give me answer for these
queries.

Thanks a lot

Regards
Manoj
 
Old Oct 10th 2004, 5:46 pm
  #2  
Ingo Pakleppa - see web site for email
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Default Re: L1 to H1 Change of Status

On Fri, 08 Oct 2004 07:42:27 -0700, Manoj wrote:

    > Hi All,
    > Here is my situation.
    >
    > Currently I am on L1B visa with company A and company B has filed
    > I-129 form to change my status from L1 to H1.
    > The petition is still pending for approval to INS.
    >
    > I know, if this petition gets approved, I have to leave my job with
    > company A immediately.
    >
    >
    > 1. Is there any way around where I don't have to leave the job with
    > company A immediately after the petition approval.

Yes. Company A can also file an I-129. Since B's I-129 is already subject
to the quota, A's shouldn't be.

    > 2. the attorny of company B has given the desired employment date as 1
    > Dec 2004. what happens if the petition gets approved before that time.
    > Then also do I have to leave the company A immediately or can i wait
    > till 1 Dec 2004.

You can - and are required to - wait until December 1. Until November 30,
you would be in L-1 status.

    > 3. If I don't want to go with the change of status of company B. How
    > we can do so before the petition gets approved? will there be any
    > adverse effect on my getting H1 visa next time?

Ask B to withdraw the petition. There should be no ill effect. However, do
keep in mind that you won't be able to get another H-1b until October 2005
because of the quota.

    > I would really appreciate if some body could give me answer for these
    > queries.
    >
    > Thanks a lot
    >
    > Regards
    > Manoj

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