Immigration Issues/H1 processing


I have been working with Company A since April 2004. I came to US in Dec 2005 on L1 B for Company A. My L1 Visa and I-94 are going to expire on 18th October 2008. I am traveling to India on Vacation in March 2008 and thereafter again going back to India in August 2008. I have plans to be in India till Nov 2008. Now, following are my questions:

1) Company B is willing to process my H1B Visa. Is it a good idea to transfer from L1 to H1 or process H1 separately?
  Note:- My understanding is that if I opt for L1 to H1 transfer I'll have to provide a copy of I-94. This may cause problem as I am traveling to India in between of my H1 processing. If I process H1 separately I don't have to give a copy of I-94.

2) If my H1 gets approved by June-July 2008 and is effective from Oct 1, 2008, can I still continue working for Company A in India say till Nov 2008 and then go for stamping for H1 in India from Company B?

3) How long can I hold H1 approved petition from Company B without stamping and continue working for Company A?

3) Do I have to resign from Company A before I go for H1 stamping. Can I still continue working in India for Company A even I get my H1 stamping done for Company B.

1.  the decision to file a change of status or visa processed would depend on your personal travel situation.  Filing it either way will not affect the approval.
2.  you can work for  company A to Z while in India.  There are no restrictions.
3.  no definite time period but the USCIS will decide based upon a bona fide job offer existing and a reasonable time.
3b.  No.  Refer to answer above.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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