India Travel while L1 to H1 (COS) in progress

[anarathi10]

Hi Immihelp,

I am on L1 B Visa in US and my visa is expiring on Sep 23rd 2013. my company is considering me as a part L1 to H1 conversion this year. But I have a planned trip to India from April 12th to May 11th .

Request you to kindly review my case and provide guidance. This trip is very important to me and cannot be avoided. Please explain the risks involved and the ways of mitigation.

Appreciate all your help in this regard.

Thanks
Anand

[raghvi]

Hi Immihelp,

I am on L1 B Visa in US and my visa is expiring on Sep 23rd 2013. my company is considering me as a part L1 to H1 conversion this year. But I have a planned trip to India from April 12th to May 11th .

Request you to kindly review my case and provide guidance. This trip is very important to me and cannot be avoided. Please explain the risks involved and the ways of mitigation.

Appreciate all your help in this regard.

Thanks
Anand

Last year H1 cap got filled around June 11-2012. This year H1 quota opens on 01-April-2013 and no one can predict how soon it will get over. Though you can apply for fresh H1 in April 2013 your travel subsequently complicates matters somewhat as the I-94 that you submit for H1 processing will no longer be valid when you return (as you would have given it at Exit Port while leaving US on April 12th and would have got a fresh I-94 on while returning on May 11th 2013) ; this situation might require an H1 petition amendment.

If you apply for L1 to H1 COS after you return in May 2013 it depends if quota is open till then and also the point mentioned next;

Though not often but there are chances that when you return in May 2013 as your L1 is valid only till Sep 2013 you end up getting an I-94 only till Sep 23 2013 in that case you would also need to apply for L1 extension to be in valid status for the 23-Sep till H1 Start date and havign an L1 extension as well as COS pending with USCIS at the same time is never a good idea due to the last action rule.

So evaluate your risks and options and talk to an independent attorney before proceeding.

This is my opinion not legal advice.

[kabkaba]

The above is right. It is not advisable to leave the US when change of status is pending or approved but not effective. Either travel and return before Apr 1 or return in H1 status on or after OCt 1.

[tech2012]

H4 Visa to H1B Transfer

Hi All

I need your advise for to transfer 4 Visa to H1B Visa .. Please let me know with company name whose transfer H4 to H1B visa

Appreciate ur help

[anarathi10]

India Travel while L1 to H1 (COS) in progress

Hi Immehelp,

Thank you very much for the reply. Can my company can file the H-1 as a consular approval petition and not as a change of status. will it impact my india trip?

[raghvi]

If you are planning to return only after 01-Oct-2013 then filing H1 as Consular process makes sense otherwise file for H1 as COS only after getting to know L1 I-94 date upon return in May 2013 but the risk is that by that time the H1 quota may already be filled.

This is my opinion not legal advice.