QUESTION

Want to work on L1B visa in spite of H1B approved petition

Asked on Sep 11th, 2013 on Immigration - California
More details to this question:
I am working with company A on L1B visa (Visa already expired but I94 is valid until 2015 and company's blanket I797 petition valid indefinitely) Company B filed for my H1B (with COS) visa which got approved on Sep 04, 2013. Now, I want to continue with company A on L1B visa. Note: I cannot go out of Country as my L1B visa is expired. I have already asked company B to withdraw my approved H1b application as I cannot join them due to some personal reasons and have kept a record of that email - haven't heard back from them yet. Is that sufficient for me to keep working on L1B visa with company A i.e. without any acknowledgement or confirmation of withdrawal from company B or USCIS? Thanks in advance!
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. Unfortunately, the last action on your case is the change of status as of the dates on the new i-94 from the new h1b. In order to return to L1 status, you MUST leave the US and re-enter with the new visa. OR, you may need to file a new change from the H1b back to the L1.
Answered on Sep 11th, 2013 at 6:40 PM

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