H1B in process in 2014 cap & L1 employer forcing to leave US

[H1B0201]

I am on L1 visa & my wife is on L2 visa (EAD). We have applied for H1B visa (thru a desi consultant) for both of us in 2014 cap & waiting for the lottery results.

My employer ( i.e. L1 visa holder’s employer) is forcing to go back in Jul 2013.

With a hope that our application will get selected, I have below mentioned queries :-

1. Mine is L1 to H1 COS, Can going back to home country (India) in Jul 2013 affect the result of H1B Approval?

2. Can going back to home country (India) in Jul 2013 affect the result of L2 to H1 change ?

3. My Employer will terminate my L1 visa/Job as soon as I communicate that I am planning to stay back. Considering that my H1B is in process, can I legally stay (& not work) in the US from Mid Jul - Oct ?

4. Can I legally stay (& not work) in the US from Mid Jul – Oct, if I get my H1B approved before Mid Jul i.e. the date I have to leave.

5. Can I personally file B1 (visitor visa) for both of us & legally stay in the US from Mid Jul to Oct 1? Is this advisable when H1B is in process?

6. Is there any other way to legally stay in the US from Mid Jul – Oct 1?

7. Can I file for F1 visa selecting cheapest course/University & legally stay in the US from Mid Jul to Oct 1? ( I will discontinue studies once I shift to H1). Is this advisable when H1B is in process?

8. Can someone suggest the cheapest course/University to file F1 from ?

9. Can L2, EAD visa holder (working for company A) legally stay back & WORK from Mid Jul to Oct 1, if L1 visa holder returns to India and continue working for the same company (but from India)?

10. Desi Consultant through whom we filed H1B (if approved) will revoke my H1B if I go back to india in Jul 2013. Does that mean that my H1B will be void or Still I will have a chance to have it transferred to other employer and come back ?

[yes.fareed]

My answer---

1. Mine is L1 to H1 COS, Can going back to home country (India) in Jul 2013 affect the result of H1B Approval? NO

2. Can going back to home country (India) in Jul 2013 affect the result of L2 to H1 change ? NO

3. My Employer will terminate my L1 visa/Job as soon as I communicate that I am planning to stay back. Considering that my H1B is in process, can I legally stay (& not work) in the US from Mid Jul - Oct ? NO

4. Can I legally stay (& not work) in the US from Mid Jul – Oct, if I get my H1B approved before Mid Jul i.e. the date I have to leave. NO

5. Can I personally file B1 (visitor visa) for both of us & legally stay in the US from Mid Jul to Oct 1? Is this advisable when H1B is in process? B1 is a business visa; You can apply for B2.

6. Is there any other way to legally stay in the US from Mid Jul – Oct 1? Cos to B2 or F1

7. Can I file for F1 visa selecting cheapest course/University & legally stay in the US from Mid Jul to Oct 1? ( I will discontinue studies once I shift to H1). Is this advisable when H1B is in process? Yes

8. Can someone suggest the cheapest course/University to file F1 from ? Sorry No Idea

9. Can L2, EAD visa holder (working for company A) legally stay back & WORK from Mid Jul to Oct 1, if L1 visa holder returns to India and continue working for the same company (but from India)? Can you check your I94 expiry dates. If you have valid dates then you can on both L1 & L2.

10. Desi Consultant through whom we filed H1B (if approved) will revoke my H1B if I go back to india in Jul 2013. Does that mean that my H1B will be void or Still I will have a chance to have it transferred to other employer and come back? No it will be VOID.

Please note that all the replies I gave you are my personal. I advise you to contact a lawyer and discuss this. You can choose Rajvi S Khanna or **** ** Law offices for better results.

[Forum1234]

I am on L1 visa & my wife is on L2 visa (EAD). We have applied for H1B visa (thru a desi consultant) for both of us in 2014 cap & waiting for the lottery results.

My employer ( i.e. L1 visa holder’s employer) is forcing to go back in Jul 2013.

With a hope that our application will get selected, I have below mentioned queries :-

1. Mine is L1 to H1 COS, Can going back to home country (India) in Jul 2013 affect the result of H1B Approval?

2. Can going back to home country (India) in Jul 2013 affect the result of L2 to H1 change ?

3. My Employer will terminate my L1 visa/Job as soon as I communicate that I am planning to stay back. Considering that my H1B is in process, can I legally stay (& not work) in the US from Mid Jul - Oct ?

4. Can I legally stay (& not work) in the US from Mid Jul – Oct, if I get my H1B approved before Mid Jul i.e. the date I have to leave.

5. Can I personally file B1 (visitor visa) for both of us & legally stay in the US from Mid Jul to Oct 1? Is this advisable when H1B is in process?

6. Is there any other way to legally stay in the US from Mid Jul – Oct 1?

7. Can I file for F1 visa selecting cheapest course/University & legally stay in the US from Mid Jul to Oct 1? ( I will discontinue studies once I shift to H1). Is this advisable when H1B is in process?

8. Can someone suggest the cheapest course/University to file F1 from ?

9. Can L2, EAD visa holder (working for company A) legally stay back & WORK from Mid Jul to Oct 1, if L1 visa holder returns to India and continue working for the same company (but from India)?

10. Desi Consultant through whom we filed H1B (if approved) will revoke my H1B if I go back to india in Jul 2013. Does that mean that my H1B will be void or Still I will have a chance to have it transferred to other employer and come back ?

Hi H1B0201,

I am in a similar situation as you for Apr 2014 . What did you eventually do /series of events.

[Anand_Sz]

Hi H1B0201,

I am in a similar situation as you for Apr 2014 . What did you eventually do /series of events.

Hi, I am also in similar situation with the exception that i have to travel to India instead of my employer forcing me.
1. My L1 is valid till April'2014
2. I am filling for L1 to H1 conversion
3. I have to travel to India in April'2014
Questions:
1. Can I travel to India while the result of H1 filling is pending?

Please reply.. as I have to decide in couple of days.

[raghvi]

On what visa are you going to come back in April 2014?

[Anand_Sz]

On what visa are you going to come back in April 2014?

I will be coming back only after my H1 approval & stamping from India, if it gets approved. I would like to be in India for few months. The Employer should be okay with this.

[raghvi]

I will be coming back only after my H1 approval & stamping from India, if it gets approved. I would like to be in India for few months. The Employer should be okay with this.

Its not going to be couple of Months. If you leave in April 2014 and want to come back on H1, the earliest you can come back on a fresh H1, if successfully stamped, would be after Sep 20 S014 as H1 Start date cannot be earlier than 01-Oct-2014. If you and your employer are fine with that then it would be the best option.

This is my opinion not legal advice.

[Anand_Sz]

Its not going to be couple of Months. If you leave in April 2014 and want to come back on H1, the earliest you can come back on a fresh H1, if successfully stamped, would be after Sep 20 S014 as H1 Start date cannot be earlier than 01-Oct-2014. If you and your employer are fine with that then it would be the best option.

This is my opinion not legal advice.

Thank you very much. I just want to know the opinions from experiences Coming back after Oct'2014 is totally fine with me. I just wanted to confirm that H1 processing will not be impacted...