Immigration Issues/L1 to H1


As per suggestions in this forum, I have travelled to CANADA from 29-SEP-2006 to 03-OCT-2006 and so, was out of USA on 01-OCT-2006, which was my COS date as per new I-94.

While returning from CANADA on 03-OCT-2006:
# I did not receive any new I-94 againist my current L1
# No new entry of any type in my passport by the Immegration officers. They said, I have a valid I-94 already exist and so, dont need a new one.
# I had only submitted a declaration form while entering to US. My passport num was in that.

Now, my question is:
Q-1) What is my current status in USA? Am I in L1 or H1?

Q-2) As neither any entry have been made to my passport nor my passport have been scanned, how does my case being updated?

Q-3) If due to any cause, my current status canged to H1, then what will be status of my dependents who are here with me in L2 now? Is there any new petition required for them to change to H4 or this happens automaticaly? Please Note: my COS date was 01-OCT-2006.

A quick response will be highly appreciated.

Thank you in advance.


Followup To

Question -

I am in USA now in L1B with company-A. My I-94 valid upto Aug,2008.

In mean time, company-B have applied for a change of Status from L1B to H1B for me, which has got approved and granted for the change of status effective from Date: 01-OCT-2006. New I-94 issued. However, I want to continue with the company-A till February,2007.

My questions are:
Q-1. Can I continue to work with the company-A after October 1st ?

Q-2. What are the other alternatives/options I have to extend my joining to company-B till next year while keeping me eligible for work with company-A till that time?


Answer -
No.  You requested a change in status, which was granted. Your L1 expires on the date your H1 starts, which means you cannot work for your original employer.  In the meantime, I strongly suggest  you do not violate your H1b status, such as working for any company except the one that petitioned for you.  If  you do, you will be out of status and subject to deportation.

I have no idea what is going on with your case.  Did you go to the US Consulate in Canada to get your new visa?  Immigration inspectors only examine what you have in your possession.  If they allowed you in, either you were still in status, or didn't bother to examine you.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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