I am in US. My L1A petition was expiring on 15 Oct '14 for EmpA. They filed extension and it got approved upto Oct’16. EmpB filed H1 Cos earlier and it got approved starting 1 Oct. I still don’t have L1 I797 as it got approved recently. I wish to continue on L1 and ignore H1 for now. Now that L1 to H1 Cos has already taken place, is it still safe to travel out to India and get L1 stamped? Will the fact that H1 cos happened reduce my chances to get L1 stamped? I am trying to leapfrog but couldn’t exit US on 30 Sept because I didn’t have I797 for L1 until then. I plan to tell the consulate that I don’t want to take up H1 job and can show L1 paystubs upto the stamping date. Is there any risk? I just need some practical advise here. Please kindly advise.
You must go out of US as soon as possible since from 1-Oct you are out of status and you are illegally working for EmpA. And don’t forget to drop both I-94 (your exsiting one with L1 & new one you’ve received from H1 COS) at the airport while leaving.
Must must have left US on 30th Sept. You may faces issues in consulate during L1 stamping, so be prepared to provide valid reasons for the ‘out of status’ stay in US, but since it would be less than 2 weeks, it should be OK. They don’t care whether you want to work for EmpB on H1 or not;
P.S. It’s my opinion and not a legal advice. Please consult with an immegration attorney ASAP.
Just checking on your status. Im in the same boat.
Were you able to get L1 stamping successfully after H1 Cos?
yes L1 stamping went through successfully after H1 Cos
oh great. I would like to get some more details like when did you go for stamping from the date your H1b cos got approved.
If its not against the rules here , could share your mail id to get more information on this as it will be helpful for me to go ahead with L1 stamping