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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108706
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am working in L1B past 2.years, in the same company i

Customer Question

I am working in L1B for the past 2.years, in the same company i applied for H1B last year. But once I applied in couple of months i took new role as a consultant in the same company. My H1B got approved. When they try to file COS they found my current position not matching for H1B so they are telling that they don't apply for COS rather they will extend L1B.
So if they extend my L1B which needs to be extended in 6 month, will my H1B get cancelled?
Can I continue in L1B and once i find another position in my current company which supports H1B can do COS?
Is there chances where consulate don't approve my L1B extension petition bec i recently got H1B?
I know the best solution is to change my employer who ever ready to file COS, if that is the path I have to take before when I should find a new job?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

This is actually somewhat of a common problem. Since it seems that you will not go into H-1B employment on October 1, 2015, what you will need to do is what is called "leapfrogging". You will need to leave the U.S. before October 1, 2015 and come back after October 1, 2015 using your L-1B visa if it is unexpired. If it is expired, you will need to get new L-1B visa stamping outside of the U.S. As to the leapfrogging, if your L-1B visa is unexpired, you could leave the U.S. September 30, 2015 to Mexico or Canada, then come back to the U.S. using the L-1B visa on October 2, 2015 or after. It may be possible to come back October 1, 2015, but I would feel better about it October 2, 2015 or after.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.