Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


L1 To H1b...can I Stay In Us Until H1b Decision?

Talk about immigration laws here

L1 To H1b...can I Stay In Us Until H1b Decision?

Postby chen12 » Tue Nov 29, 2016 10:50 am

My L1 extension denied, and my current company applied for H1B with Change of Status form L1 to H1 before my L1B got expires. My L1B expired on 7th Oct and H1B wiht COS filed on 20th September. I got RFE challenge of "I will be controlled by my current employer, bot by other vendors or clients". So Since my L1 expired and my H1b is in proress, can I stay/work in united states until H1B decisin comes out ? I am littled confused because its Status change from L1 to H1.Please help me confirming this.

ANSWER: Hi,

You can remain legally in the U.S., but you cannot be employed after Oct. 07.

You can be employed by the H1B employer when the H1B petition is approved by the USCIS granting you change of status to H1B.

---------- FOLLOW-UP ----------

Thank you for confirming. My employer is asking me to go back, but my company initially told me that I cannot travel out side of US if H1B is applied with COS, and they said USCIS may consider it as abandonment if I travel when its in progress, but now they are again saying I am out or status, and I have to go back. Please advise me if USCIS abandone my case if I travel back to India now.
chen12
 
Posts: 57
Joined: Thu Mar 31, 2011 4:47 pm

L1 To H1b...can I Stay In Us Until H1b Decision?

Postby Gormant » Wed Nov 30, 2016 2:58 pm

Hi,

If you depart the U.S., the H1B petition is approvable, but you will not be granted change of status. Upon USCIS approval of H1B petition, the employer should send you the original approval notice(Form I-797) as well as copy of the petition that was filed so that you can obtain H1B visa stamp at a U.S. Consulate in your home country
Gormant
 
Posts: 40
Joined: Sat Apr 12, 2014 12:04 am

L1 To H1b...can I Stay In Us Until H1b Decision?

Postby Frasco » Fri Dec 02, 2016 4:11 am

My L1 extension denied, and my current company applied for H1B with Change of Status form L1 to H1 before my L1B got expires. My L1B expired on 7th Oct and H1B wiht COS filed on 20th September. I got RFE challenge of "I will be controlled by my current employer, bot by other vendors or clients". So Since my L1 expired and my H1b is in proress, can I stay/work in united states until H1B decisin comes out ? I am littled confused because its Status change from L1 to H1.Please help me confirming this.

ANSWER: Hi,

You can remain legally in the U.S., but you cannot be employed after Oct. 07.

You can be employed by the H1B employer when the H1B petition is approved by the USCIS granting you change of status to H1B.

---------- FOLLOW-UP ----------

Thank you for confirming. My employer is asking me to go back, but my company initially told me that I cannot travel out side of US if H1B is applied with COS, and they said USCIS may consider it as abandonment if I travel when its in progress, but now they are again saying I am out or status, and I have to go back. Please advise me if USCIS abandone my case if I travel back to India now.
Frasco
 
Posts: 41
Joined: Tue Jan 07, 2014 7:03 am


Return to Immigration Law

 


  • Related topics
    Replies
    Views
    Last post