I am came to USA on L1 visa (Currently in the state: CA) working in Company A. I applied for H1(thru consultancy) in USA and got approved in Aug 2012 October thru Company B. I received new I94 with change of status from L1 to H1. I have already applied from L2 to H4 for my dependents.
1) How long I can work in Company A(with L1 visa) after 01 Oct? (due to market if it takes some time to get new job on H1 Visa, to come out of the company A (L1)
What is the time limit to shift to H1 company from L1 company after change of status to H1 from L1.
2) Is there any impact in future (in H1 extensions or in Green Card process) if I continues to work in the same company A on L1 for couple more months (with L1 Visa, even though his change of status is changed to H1 with new I-94 number)? In this situation is his stay in USA legal or Illegal currently?
2 Answers from Attorneys
Due to being granted H1B approval with change of status to H1B by the USCIS, you are automatically in H1B status effective Oct. 01. You can hold only one status at a time in the U.S., and since the latest action by the USCIS is grant of change of status to H1B, you will no longer be authorized to be employed in L1 status effective Oct. 01.
There is the option to depart the U.S. and then enter the U.S. so that the I-94 issued at the port-of-entry states L1. Alternatively, your L1 employer can file another petition requesting change of status from H1B to L1. It may also be possible for the H1B employer to revoke its H1B petition.
Since change of status has been granted, you should switch jobs to company B effective Oct 1.
Please contact us for further questions.
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