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Immigration Issues/Urgent : L1 B - H1 B COS


Hi Ajay
I have H1B approved form Employer B with COS 10/1/2012. But still I am working on My L1B (valid till 4/30/2013)with employer A( till today 10/28/12). I didn't get good offer till now and I though to wait for better offer from My Employer B (H1B holder). Is it legal to work with my L1B employer (A) until I get good offer from My H1B employer B. I searched the same same query and some how came to know that my status is invalid as My L1B -194 is invalid after 10/1/12. Is there any grace period to change my employment from Employer A to Employer B.
if my status is invalid
1. What are all options to get the valid status.
2. Do I need to leave country (go to Canada) and come back with fresh I-94 on my L1B... if I leave the country in this situation will I face any issue come back on my L1B visa.
Please let me know if my wife and son have also the similar invalid status and they will also have to leave the country with me.)
3. If I leave for India , can I come back on L1B to USA or I have to get my H1 Stamped to come back to US.
4. If I get offer today from H1 B employer (B) can I join the offer immediately on my current status ( don;t know if this is valid/invalid).

Appreciate your response..

Dear Abhijit:
Firstly, sorry for answering the query so late.  Actually, we have had a storm (Sandy) past week which affected NY and NJ very badly with power cuts and flooding.  

Anyways, as your H1B [from Employer B] is approved with an I-94 document your current status (L1B) seem to have been cancelled. However, you would have a grace period to switch jobs.  There is no defined period but a reasonable period of 30 days would be the grace period.  If you go beyond 30 days then you may beed to provide cogent and bona fide explanations.

You also have an option to withdraw one of the status in the meantime.

2) You may get fresh L1B stamp - but then your H1B would be terminated. - your dependents sail with you in your boat.

3) I seem to have answered the questions above.

4) I am confused - you state that the H1B is already approved?

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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