Immigration Issues/Reg : L1 to H1 COS


I got my H1 Approved today from Vermont service center fo. My I-129 shows my new employer request a COS since i am already in US on a different visa ( L1 ) .Start date on I-129 for H1B is October 1,2008

Here is my details

- VSC / General quota
- Receipt date : April 30 , 2008
- Receipt Number: EAC08148*****
- Approval date : June 12 , 2008 , awaiting I-797
- Current Visa status : Currently on L1 visa in USA valid until Sep 2009

- Travelling to India on July 31,2008
- I797 approved with COS from L1 to H1 effective Oct 1,2008


1 On my I-129 which is petition for a non immigrant worker i noticed that my lawyer made a typo mistake for my SSN . How can notify USCIS of this typo and what is the implication / problems of this typo.

2 . Currently i am on L1 visa valid until September 2009. Current project runs until July 2008 and i am supposed to go back to India after July 2008. But now i heard that there are possibilities of extension beyond July 2008. I am traveling to India on July 31,2008 for my marriage and here is my question assuming that my current project gets extended beyond July 2008.
  [a] Can i come back to USA on Sep 20,2008 on L1 visa ?
  [b] If Yes , How many days do i have to join my new employer on my H1B visa ? ( i heard that there is a 90 day grace period to accept the new status or to retain the existing status ]
  [c] what happens if i come back to USA after Oct 1,2008 on L1 ? Will i lose my H1 petition in this case or do i need to file a new change of status to join the other employer on H1B


1) I do not see any implications due to the wrong SS# on the H-1B application.

2) You are allowed to enter on L visa before Oct 1, 2008 but you would need to prove to the officer that you are still employed with the L employer.

3) Yes there is 90 period for you to join your H employer if you are in the US on another status.

4) From Oct 1, 2008 you will become H visa holder.


Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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