COS L1 to H1

[neha2508]

Hi,

my question is as below:
I came from india on L1B for company A and got a H1B sponsor in US through a consultant. I got my H1B approval as well. If i start working on H1B and go fulltime here and the company B files my GC, then will i be able to go back to india? Or should i go back to india as soon as i get fulltime with company B and get my stamping done before my GC process starts?

My spouse is working in india . So how will he be able to come here? Will there be any chances of his H4 rejection if i do not H1B stamping from india?

I am a bit confused here and not able to think what should i do now.

Need your help in taking decisions ans move forward.

Thanks,

[immihelp]

Filing green card itself does not create any problem in traveling to India. You need to think about it only in the last stage when you have filed I-485 which is years away for you. However, if you travel to India, you need to have a valid H1 visa stamp in your passport before you can travel back to the U.S.

Before your wife can come to the U.S., she needs H4 visa stamped.

[raghvi]

When is your H1 B start date? If your H1B has been approved and has a start date earlier than today's date then you should already be working with the employer who filed your H1B. If your H1B is active and you are not currently working with your H1B employer you are accumulating Out of Status period. GC processing is for future employment and can be filed anytime. As Immihelp suggested, worry about GC much more later. If I was you, I would be more worried about my current status if not working with H1 employer.

To answer to your other questions:
1. As and when you go to India, you would need to get H1 stamped, if you want to return to work for the H1 employer.
2. Your Spouse should not have a problem in getting H4 stamped, as long as you have maintaining valid H1 status.

This is my opinion not legal advice.

[neha2508]

My H1B is not yet active. i am looking for a job through my H1B employer only. Are there any chances of H1B stamping rejection or H4 rejection if i am working as a contractor in US or do i need to look for a full time option first?

[raghvi]

My H1B is not yet active. i am looking for a job through my H1B employer only. Are there any chances of H1B stamping rejection or H4 rejection if i am working as a contractor in US or do i need to look for a full time option first?

What do you mean your H1 is approved but not yet active? When you said you got H1B approved, I assumed that you got your new I-94 along with the H1. If you have not got a new I-94 with H1 Approval, then your H1 was most likely approved as consular processing and is not yet active and neither approved.

This is my opinion not legal advice.