Legal Question in Immigration Law in Ohio

L1B to H1B

I am working for company A on L1 visa and its expired but I-94 valid till 2006. Company B filed a H1B visa and its approved. I don't want to join company B, please let me know the following:

1. My H1B Approval notice says the petition and change of status has been approved, but nothing on I-94, is it means it was filed as New or Change of Status?

2. If i go back to India, can i come back on my L1 again.

3. For how long i can stay in US on my existing company A.

4. Is there any way i can change my status back if changed?

Appriciate your quick reply.


Asked on 10/30/04, 10:35 am

1 Answer from Attorneys

Harold Hom Harold L. Hom Co., LPA

Re: L1B to H1B

Your questions are probably too complex to answer by a single e-mail, but I will try. First, if the H-1B approval notice does not include an I-94 and says that it has been sent to a U.S. consulate, then you must pick up the H-1B at the U.S. consulate and come back in order to hold H-1B status here. You should check with your attorney for an approval notice with an I-94 attached. They should have filed as Change of Status. Second, since your L-1 entry visa has expired, you cannot come back to the U.S. on an L-1 entry visa. Your I-94 allows you to be in the U.S. until the date shown. But it does not give you the right to reenter the U.S. Third, you can stay in the U.S. using your existing I-94 until the expiration date of the I-94. However, you will not be able to change companies and obtain a new I-94 in the U.S. unless you can show that you are currently working for Company A. In other words, you are considered to be out of status if you cease to work for Company A. Fourth, you remain in L-1 status until you actually go to the U.S. consulate to pick up your H-1B visa. You may want to let USCIS know that you have changed your mind and decided to stay with Company A.

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Answered on 10/31/04, 4:47 pm


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