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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109047
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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This is regarding my L1 status.. yes. I have come to US

Customer Question

JA: Hi. What is your issue regarding?
Customer: This is regarding my L1 status..
JA: Have you talked to a lawyer yet?
Customer: yes. I have come to US for 5 months and I also have individual H1b un approved pettition.
JA: What advice did they give you?
Customer: Can I explain my suituation
JA: Anything else you think the lawyer should know?
Customer: Yes. I quit my job today and filled LCA the day before yesterday for my H1B approval with new employer..
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I am in L1b in US and working for an employer. I am already holding H1B visa (I-797B) which I got last year . I quit my job today and filled LCA in Premium mode for my H1B with new employer. My question is.. I want to know whether it is legal to stay here as I quit my L1B job.What will be my VISA status from tomorrow?
I am eligible to stay in US till my H1B get approved?
When Can i start working with the new employer with H1B?
If I am in non-status now, will it cause any issues in my future VISA process?
Customer: replied 1 year ago.
Please note that I filled the premium mode LCA two days back. My last working day with my current L1b Employer is today.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

Have you previously been counted against the H-1B within the last 6 years? If not, is your new employer a cap-exempt employer? How?

Customer: replied 1 year ago.
My H1B was not stamped and I entered to US with L1B. Two days back, LCA has been filled for my H1B with new Employer in premium mode. I am waiting for approval. I quit my L1b Job today.For your second question, I have applied LCA with new employer (Not the employer who originally applied H1B for me last year and got selected in lot). I am not sure about cap-exempt.
Customer: replied 1 year ago.
Also, I got receipt number for my H1B yesterday.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You mean that an I-129 was filed in Premium Processing? As far as being cap-exempt, you better know because if you aren't cap-exempt, you just spent a lot of money for nothing. Have you ever had an H-1B approved within the last 6 years AND started working for the H-1B employer? Or have you gotten an H-1B visa stamp in your passport?

Customer: replied 1 year ago.
No. I did not work for any H1B employer for last 6 years. Also, I don't have H1B stamped in my passport. I have L1B stamped in my passport and My I-94 is valid till Aug 2017. However, I quit my job today from my L1B employer.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Then how do you think you can get into H-1B? They ran out in April. Who is your employer? What type of company is it?

Customer: replied 1 year ago.
I applied H1B last year and selected in lot system. I got I-797B document. I did not attend Visa interview for H1B. But I travel to US with L1B 5 months back. I filled LCA with new employer for my H1B and got receipt number yesterday. I am waiting for H1B approval.
Customer: replied 1 year ago.
I would like to know my current visa status.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But it doesn't look like you were counted against the cap before. I think you are not understanding the system correctly. You state that last year you were chosen in the lottery, but you did not work for that H-1B employer on October 1, 2015 in H-1B status, correct? And you never had an H-1B visa stamp, correct? If this is the case, then you were never counted against the cap and you are not cap exempt and you will be denied H-1B status unless your employer is cap exempt. Is your employer an institution of higher education or an affiliated or related nonprofit entity or a nonprofit research organization, or a government research organization? Those are not subject to this numerical cap.

Customer: replied 1 year ago.
Sorry. It is already late for me and will schedule it later. Thanks for your answers.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It's late for me too, past 1am. Remember my questions because I think you are going to be denied and end up being illegally in the U.S. We can continue tomorrow.

Customer: replied 1 year ago.
your questions are correct. you understood my case correctly. However, can we discuss by tomorrow as it is already late.
Customer: replied 1 year ago.
thanks for your time.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. I'll be around tomorrow.

Customer: replied 1 year ago.
ok. bye Good night.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Good morning. So what's the date that you came off of payroll from your L-1 employer?

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

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Unfortunately, from the little information that you have given me, you are currently out of status, accruing unlawful presence in the U.S. and your H-1B will be denied because you not cap-exempt and you have applied after the 60,000 H-1Bs available this year have been used up. If your L-1 employer takes you back, you may be able to maintain your status in the U.S., but if they do not, you will need to leave the U.S. as soon as possible because once you reach 180 days of being out of status, you cannot come back for 3 years unless you get a very hard to get waiver. It becomes 10 years when you reach 1 year or more of unlawful presence. If you leave quickly, you may be able to get a new L-1 status, or you can apply April 1, 2017 for a new H-1B to begin work on October 1, 2017. I am truly sorry for the bad news.

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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