Legal Question in Immigration Law in New Jersey

COS L1 to H1

I am currently workign with company A on L1. I got an approval for H1 from Company B with effective date of Oct 2009.

1. Can I continue working for Company A while I apply for COS to H1

2. If the COS application is rejected Can I continue working for Company A

Appreciate your response.


Asked on 7/17/09, 3:13 pm

1 Answer from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: COS L1 to H1

From reading your e-mail I am not sure what you really want to do.

You came to the US on an L1 visa, which means you were transferred by your company abroad to work for them here in the US.

Once you arrived in the US a different company then applied for an H1 visa for you here and it was approved.

What you have done (may be you did not realize it) was to tell the US Immigration Service that you no longer wish to work for your original company (Company A), why else would you have gotten a different company (Company B) to apply for a H1 visa for you?

As for your continuing to work for company A, if your application is rejected, please read the above paragraph again and you will understand how the US Immigration Service will look at your L1 and H1 visa applications which they have on file.

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Answered on 7/17/09, 8:25 pm


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