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    rahultiwari1982's Avatar
    rahultiwari1982 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    May 5, 2009, 08:24 PM
    L1 to H1 COS :status issue
    Posted May 02, 2009 10:05 PM
    --------------------------------------------------------------------------------
    Hi all

    I came to USA on L1 in July 2007. Got my H1 approved from another company B with (I-94, COS) but did not get a job so keep working with L1 company.Now I came to know that it is illegal to work on L1 and I already compelted 180 days. Now I want to change my stauts on L1 as no jobs so what is thew best option to change status to L1?

    1. Should I go to India and come back on L1?
    2. Should I got to canada?
    3. What if I get a job now and go for H1 stamping after 3 or 4 months. Will there be any problem in stamping?

    Please help
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #2

    May 6, 2009, 06:26 AM

    You need to consult with an experienced immigration attorney.

    If you entered on the L-1 visa and then had a COS approved to H-1B, but continued to work for the L company, the USCIS may say you have been working without authorization. As such your L-1 visa is cancelled and you would need a new approval as well as a 212(d)(3) waiver to get any other visa issued to you.

    You need to get an exact timeline as you may be subject to the 3 and 10 year bar under section 212(a)(9)(B).

    Consult with an immigration attorney immediately. Good luck.
    rahultiwari1982's Avatar
    rahultiwari1982 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    May 6, 2009, 10:34 AM
    So does going out of USA and coming back on L1 will change anything?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #4

    May 7, 2009, 08:27 AM

    If you violated the terms of the entry or overstayed any I-94, your L-1 visa has been canceled by operation of law under section 222(g). See my post above stating same. Consult with an immigration attorney that is experienced with consular processing. Very few attorneys are, so be sure to ask.
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