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Thanks for quick reply.
I asked attorney and they said if I enter in US before 1 st oct then no worries and my H1 is with I 94 so they will file smenmend so I can start work on H1.so that is clear. Now after cming if I want to continue on L1 till november then what should I do? What is the procedure?
related to an answer for: L1 to H1 ..H1 applicable from this oct
asked in L1, L2, H4, B Visas & Misc by (160 points)
Also if I continue on L1 till. A month after I get project what is the procedure to again change status to H1?  Wheni continue on L1 still I will have approved H1?

1 Answer

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Its not a problem to continue as long as you have valid petition.
answered by (12.9k points)
OK. Thanks
If I continue on L1 after 1 Oct will my H1 become invalid?
As long as you dont file COS you are good to go with L1
Thanks for answer. But its urgent and I am confused and not able to take decision. Your inputs and suggestions are highly appreciated. The actual situation is
My H1 is with i94 and applicable from 1 Oct. I visited India last week and came back to US on L1 on 28 of this month.in this case still continuing L1 is good ? And if so H1 will be intact or invalid? Is it illegal to continue working on L1 in this situation ..please advice..Thanks in advance
The confusion arises as I am not getting good project with good rate for now..so thinking to continue on L1 till I get the project on H1.
Few things to consider here..
I would suggest you to stick to L1 until you get a good job(with what ever requirements you have in mind). Since you are back with L1 petition (Even though you have approved H1B petition), when ever you plan to start working on H1B, you have to file COS (I guess.. because in your case iam not sure how your H1B employer filed the petition). With the approved COS H1B petiton only you have to start working.
Other thing is when you visited India, you haven't stamped your approved H1B. which is good. In case if you could have stamped H1B, obviously you could have entered to US with that and due to that your L1B status would have automatically changed. Since you didnt do that, as long as you want you can use L1 and then switch to H1.
So in this scenario, i dont see any confusion. Just make your mind clear and follow accordingly.. Better luck!
Thanks, your suggestions and inputs are highly appreciated. In your you said you are not sure how my employer filed my petition ..so it is with i94 and let me know if you need more details to clear the situation.somebody told me that if I continue on L1 and USCS conduct audit then they may question that though you HR on H1 then y u r taking pay with L1 n in this situation yr employer will push everything on you and that will create a problem..is that true?
Also as per continuing on L1 and once I get project on H1  my employer needs to file COS. In this case can I start work after COS without H1 stamp or stamping is must?
I got the point that your employer filed based on yoru I-94. But you don't know or looks like you are unaware that whether he filed with COS or General/regular apply. This is what my question was..
See audit related things were not in our hand.. anything can happen at any point of time. so dont worry much on those..
In case of audit also, if you have genuine reasons, no one can question you. Please remember this.
Just a suggestion..In case audit, tell them clearly why are you continuing in L1 even though your H1 got approved..something like... You have some location constraints due to family reasons or project is in critical stage where personally felt not to leave the current company until the project ends or something like that.. in that case nothing will happen.
Finally my bottom line conclusion is- wait until you get a good job in H1 then apply COS (Depending on how employer/attorney files the case in some scenarios you have to go out of the state and get it stamped before to start work) to start working.
OK got yr point..you are right I do not know whether it is Cos or regular consular process..any idea how would I get to know  that?

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