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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default L1 to H1 Transfer

    Hi All,

    I am In US from past 2 years on a L1 visa from company A and Just got H1 approved from Company B. I am planning for a very important visit to India in Dec 2008. My H1 was valid from Oct 2008.
    My emplyer in vompany B is saying that, I should start working on my new H1 by End of Dec 2008 or else, my H1 would be cancelled.
    And If I start working now on my H1, I will not have enough number of payslips to present during the stamping, which I have to do, bcos I will be travelling out of country. So I told my employer B that I will go to India and come back on H1 and then join on H1 after I return back from India. But he says that, If I have a valid L1 and a approved H1 and I travel on a L1, then my H1 will automatically go inactive according to some new law. Now I am totally confused as to what to do now?? Can someone help me get the answers for the following questions.

    1) While working in US on L1, if I get a H1 approved (starting Oct 2008), Will the H1 be cancelled if I do not start working on H1 by Jan 2009??

    2) If I travel to India and be back on a L1, while I have a approved H1, Will my H1 Status automatically go Inactive??

    3) If my H1 goes Inactive because of travel on L1, what is the way out, Is it a simple and risk-free process to re-activate my H1??

    Any help in this regards is appreciated. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: L1 to H1 Transfer

    What's the deal here? Is your employer telling you that you won't have a job unless you start this year?

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: L1 to H1 Transfer

    My Employer is saying that, If I do not start working by January 2009, my H1 will automatically get inactive/canceled.
    Also, I need to go to India in December, So I planned to go on my L1 and come back on L1 and later shift the job, so that I need not have to get the H1 Stamped. But my employer says that, If I have a travel on my L1 visa (while my H1 is already approved), H1 will go inactive and then they have to submit a L1 to H1 transfer petition. He is saying that, there is a huge risk of this petition getting rejected.

    What i exactly want to know is, Can I go to India and come back in a L1 visa (on current job), and then search for a new job on H1 in Jan 2009?

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