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Immigration Issues/L1 to H1 -ina dilemma

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Question
Sir,thank you for the prompt reply.
She wants to work on H1 for company B.
Is it necessary for her to go to US consulate for H1 stamping?
Can her employer B not file for COS or amendment?This would save her a trip outside US.Company B wants her to join immediately.
Her H1 approved petition also had I-94(which is invalid now).Date of her L1 extension was later than Oct 1st.
thank you in advance.
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The text above is a follow-up to ...

-----Question-----
Hi,

This is for one of my friend. She was working on L1 in company A and her L1 was going to expire on 15-OCT-2006. She applied for L1 extension in July. Also, in May she applied for L1 to H1 transfer for company B.

Her H1 petition for company B was approved on August 30,2006. Also, her L1 extension request got approved on 03-OCT-2006.

1. Now what is her current status - Is she os H1 (as it was transferred) OR she is still on L1 as its extension got approved after L1 to H1 was approved.

2. Due to some constraints, she is still working in Company A and soon planning to join company B. Will she have any problems in joining company B now?

3. Also, before joing company B, She is planning to go back to India soon for some vacation and she is planning to come back after that. She is intrested in working for company B once she comes back. Can she go to consulate and get H1 visa stamped in India without any issues?

Thanks so much in advance.

Please advise.

Thanks,
Meenu
-----Answer-----
Hi Meenu,

Your friend is currently on L-1 status since the L-1 extension approval was the last action taken by the USCIS (I am assuming that the effective approval dates for H-1B were prior to Oct. 03, 2006).

Your friend can join Co. B if she is issued the H-1B visa stamp at the Consulate in India. When she enters the U.S. she will be in H-1B status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Answer
Hi,

If your friend does not want to apply for H-1B visa at a Consulate, then the alternative is for Co. B to file another H-1B petition requesting change of status from L-1 to H-1B. Upon approval, the H-1B petition will have a new I-94 attached to the bottom of the approval notice. She cannot work for Co. B until the H-1B petition has been approved and she has been granted change of status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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