URGENT - L1B to H1 Transfer, Want to Travel after H1 Approval on L1

[raaz.rai]

Hi,

I am working with company A on L1b visa valid till April-2013 and my wife is house wife on L2.

One of the consultant company C is processing our H1B with Change of Status for cap of 2013.

Our H1 visa status is in RFE status and hopefully it will get approved in a month (Oct End ).

The issue is, we need to visit India in February for some unavoidable reasons.

As we know that Chances of rejection of H1 Stamping in india are more, i want to be in safer side..

My some of Frnds suggest that,


1. I should Working on L1 and I can go to India and Come back on L1 visa itself as i have a validity for L1 visa till April 2013 and then start working on h1 from Feb End,
Even if my H1 get Approved before February.


2. I can start working on H1 and Go to India in Feb and then i Can come back on L1 Visa, As my h1 Visa is not stamp in Passport.

Can You suggest me the Correct Solution.



Thanks!

[raghvi]

Hi,

I am working with company A on L1b visa valid till April-2013 and my wife is house wife on L2.

One of the consultant company C is processing our H1B with Change of Status for cap of 2013.

Our H1 visa status is in RFE status and hopefully it will get approved in a month (Oct End ).

The issue is, we need to visit India in February for some unavoidable reasons.

As we know that Chances of rejection of H1 Stamping in india are more, i want to be in safer side..

My some of Frnds suggest that,


1. I should Working on L1 and I can go to India and Come back on L1 visa itself as i have a validity for L1 visa till April 2013 and then start working on h1 from Feb End,
Even if my H1 get Approved before February.


2. I can start working on H1 and Go to India in Feb and then i Can come back on L1 Visa, As my h1 Visa is not stamp in Passport.

Can You suggest me the Correct Solution.



Thanks!

It depends how your L1 to H1 was filed and what was the requested start date. If it was filed as COS then you are supposed to work only with H1 employer from start date mentioned in the petition. If it was filed as consular processing then you can continue work with L1 employer. Biut to work with the H1 employer you will either have to leave US , get H1 stamped and return on H1 or file for an amended H1 petition to COS and then file for a L1 to H1 COS again.

To answer to your questions:
1. You can work on L1 till Feb End only if the L1 to H1 COST start date is Feb End and yo have an I-94 associated with H1 starting from Feb 2013 onwards.
If any other date is mentioned as start date of H1 you should work with H1 employer from that date. In that case, if you leave US and want to return you will have to get H1 stamped in order to return.

2. Technically yes but practically very less chances and wrong to do since to work with H1 employer first you would have to resign from your L1 employer first. Once your status has changed to H1 you can leave US and return on L1, but will the L1 employer provide you employment letter as you have already resigned? Also , if at all you manage to enter on your L1 to work with H1 employer you would have to file a COS from L1 to H1, as you would not be having your pay slips with L1 employer from the tiem you resigned till the time you return the COS will get denied and messign up entire thing further.

Ideal thing to do would be to go to India get H1 stamped and return to work with H1 employer or if you are scared of rejection currently, to not to go to India if your COS is approved and work with H1 employer from H1 start date.

This is my opinion not legal advice.

[raaz.rai]

URGENT - L1B to H1 Transfer, Want to Travel after H1 Approval on L1

Thanks For Replying.

My Employer still has not received RFE document from USCIS so dont know whats need to be submitted in RFE Reply, So dont know when my H1 will get approved..

Anyways, Some change in Plan, I need to Travel ASAP that can not be avoidable because of some urgent issue.

Can you Please tell me

1. Can I travel india on L1B Visa and come back, and than reply My H1-RFE COS
what will happen to H1 COS Visa in this case
.
I checked in many forums some says its valid to travel india till no status update in H1(Approve/Denial), in RFE no issue, Some say it will be abandoned.

Thanks








Please Help!!!!!

[raghvi]

If COS is not yet approved then when one leaves US, COS is technically considered abandoned. As when one is outside US one is not having a "Immigrant Status" and if there is no status then there is no change of status. When you return to US you can use your exisiting L1 to enter ,once in US, you can use the approved H1 petition to transfer a COS from L1 to H1 to any other employer. Once the L1 to H1 COS is approved then you can work with the new employer.

This is my opinion not legal advice.