Immigration Issues/L1 to H1

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Question
Thanks for the response. Now is there any option so that we can just ask for petition without a new I-94?I suppose if we apply for L1 to H1 transfer,we will get the new I-94. and in that case we have no option other than working for new employer. My question is  now whether there is  any option to get the H1 petition alone so that I can keep the petition with me and can start working only from Dec 2005 on H1?
If a person is in India and a H1 petition is filed by an employer giving OCT 1 as intended employment, he can come to US even after oct and start working right? In the same way is there a way to hold H1 petition with me now and still legally work with L1 until December?

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Followup To
Question -
I am curently working on L1 Visa (in US) in an Indian based company. Another employer   have applied for H1 petition for me and the date of employment is OCT 2005. Do I need to work for my new employer from OCT 2005? i.e., Can I continue to work for my previous employer after OCT 2005 with out going for H1 stamping? Is it ok if i chose to work for my new employer from DEC 2005? I understand that once H1 is stamped, I can't work on L1 visa. Is getting my H1 petition itself will make my L1 invalid?

Answer -
Hi,

If the H-1B approval notice contains a new I-94 attached to the bottom of the approval notice (in other words, if you were granted change of status to H-1B in addition to H-1B approval) then you will automatically be in H-1B status on October 01. You can then no longer work for your L-1A employer starting from October 01, and indeed you should start work for the H-1B employer on October 01 or very shortly thereafter.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Answer
Since the petition has been filed already, and I am assuming that the employer has requested change of status effective October 01, you will automatically be in H-1B status on October 01.

If your employer had requested start date in December, then you would have been in status in December. Alternatively, your employer could have requested consular notification instead of change of status. This would mean that you would have to travel to a U.S. Consulate abroad, be issued the H-1B visa, and then enter the U.S. in H-1B visa status. However, since the employer has already requested change of status when filing the H-1B petition, it is now too late to request consular notification.

Regards,
Ajay K. Arora, Esq.
wwww.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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