Immigration Issues/L1 to H1 COS - 2011

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Question
I am currently in US on L1 and have an approved H1B petition with COS effective from Oct 1 2010. Is there any grace period during which I can continue to stay on L1 and move to my H1 employer after that grace period? My intention is to wait till Jan 2011.
Many thanks in advance.

Answer
Hi,

You will automatically be in H1B status on Oct. 1, 2010 and will no longer be in L1 status.

The only way to avoid this is to travel abroad prior to Oct. 01 and enter the U.S. on unexpired L1 visa stamp after Oct. 01. Then the latest action is entry to the U.S. in L1 status, and thus you will be in L1 status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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