URGENT Help!!! L1B to H1B - Consular Process with Cable Notification

[ahamed_123]

Hi Friends,

My L1/I-94 expires in 2/25 2013. I"ve got a employer who is ready to do H1 ( I had H1 from 2008-2010,so I will be CAP Exempt).

Three questions.

1) Can I ask him to start the process now,while I"m here in USA ( Fresh h1 b petition with cable notification)and leave
country by 2/25 ( I"ve to go,having commitments in india) - I dont want to do COS,as I"ve to leave by 2/22

2) Can he submit the papers to consulate for H1, once I reach India?

3) Is there any difference in applying from USA and leaving or applying once I be in India? Petition approval/denial issues?

Pls help me guys to decide and choose the best option.

[binoca82]

The employer just need to do the H1 processing in consular mode, (not as a COS). They can start the process at any time, since you are already cap counted. To return, you need to get the stamping done. Also, note that the days you already spent in US (on L1 and H1) will be counted towards the max-out (6 years)

[ahamed_123]

The employer just need to do the H1 processing in consular mode, (not as a COS). They can start the process at any time, since you are already cap counted. To return, you need to get the stamping done. Also, note that the days you already spent in US (on L1 and H1) will be counted towards the max-out (6 years)

Thanks, I spent 14 months in USA when i had H1. so does this process different, if i start from india?

[kabkaba]

Hi Friends,

My L1/I-94 expires in 2/25 2013. I"ve got a employer who is ready to do H1 ( I had H1 from 2008-2010,so I will be CAP Exempt).

Three questions.

1) Can I ask him to start the process now,while I"m here in USA ( Fresh h1 b petition with cable notification)and leave
country by 2/25 ( I"ve to go,having commitments in india) - I dont want to do COS,as I"ve to leave by 2/22

-- That's fine

2) Can he submit the papers to consulate for H1, once I reach India?
-- Employer does not submit anything to the consulate. They file a petition with USCIS. Since this is cap-exempt and consular processing, it does not matter when they do it. After the petition is approved, you will have to apply for Visa at the consulate.

3) Is there any difference in applying from USA and leaving or applying once I be in India? Petition approval/denial issues?

-- There is no difference.
Pls help me guys to decide and choose the best option.

You will only be eligible for 6 years minus the time spent in the US in H1+L1 status.