Hi,I work for Employer A on L1 visa and went back to India after X years quota.
From India, I processed H1B from Employer B which is picked in the lottery and petition got approved. Visa stamping is not yet done.
Also, while I was in India, My Employer A again processed L1 and came to USA.
Now I applied for Change of Status from L1 to H1B which is in processing.
If my H1B is approved, when the change of status to H1B is in effect with Employer B?
If I want to stay back with Employer A on L1, what are the options?
Is it possible to Cancel the Change of Status and stay back with L1?
If I go out of the country after change of status approval, as my H1B petition is not stamped, Can i still enter the country with L1 which was valid until 2025 earlier.
Please let me know if there is any other best options?
Your answer to point two: Tell your H1B employer to withdraw the H1B and the change of status application.
My question:kinda suggest if i had to ask before approval or after approval?
Your answer to point 3:Sure, provided USCIS approves the withdrawal before the application is adjudicated and approved.
What if USCIS declined the withdrawal/cancel?
Point4: repeating same question for more clarity.
My h1b is not stamped. L1a is stamped untl 2025.
Suppose if my l1 to h1b change of status approved. And if i want to stay back on L1A, if i cross the boarder and come back onL1a? Do i need visa stamping appointment?
Or should I directly go outside country and come back with out stamping but simply new i94 on L1A though h1b approved
Before approval, otherwise you will be in H1B status and withdrawing after approval will put you out of status.
They normally don’t.
Yes.
No because you said your L1A is stamped rill 2025. Nevertheless, you can also use AVR to enter back from Mexico or Canada even if your visa has expired but you have a valid I-797 for L1A.
Hi Kalpesh, Thank you very much for your immediate response and clarificaton.
One Last question: After change of status approved from L1 to H1B(Employer B), My h1b is approved from 10th aug 2023. Received approvalby email. Can i continueon L1 until i get physicalcopy of approvalnotice?
Can I still go out of the country and come back on the previous L1 from Employer A.
What are the steps to be followed for this? Is your answer above about visa stamping vald for this situation too? “No because you said your L1A is stamped rill 2025. Nevertheless, you can also use AVR to enter back from Mexico or Canada even if your visa has expired but you have a valid I-797 for L1A.”
Hi Kalpesh, Thank you very much for your immediate response and clarificaton.
One Last question: My h1b is approved from 10th aug 2023. Received approval by email. Can i continue on L1 until i get physical copy of approval notice?
Can I still go out of the country and come back on the previous L1 from Employer A.
What are the steps to be followed for this? Is your answer above about visa stamping vald for this situation too? “No because you said your L1A is stamped rill 2025. Nevertheless, you can also use AVR to enter back from Mexico or Canada even if your visa has expired but you have a valid I-797 for L1A.”
You must start with your H1B employer as your status will change on 10th Aug and you can no more continue on L1 status.
Discuss with your employer’s immigration lawyer if you are in doubt.
Yes, as far as you do that on or after 10th Aug that will put you back in to L1 status.