H1-L1 Change of Status (Premium vs Regular processing)

[friendsforlife2921]

Hello,

Currently I hold L1 visa valid until June 2015 (5yrs). My employers law firm have started to process change of status from L1 to H1 which would be active from oct 2014.

Since we plan to travel to India this June 2014 and returning on aug 2014, I asked for premium processing. They are saying that even though If i get the H1B approved by may 2014, I may still need to travel abroad after oct 2014 to activate my H1B.

Is this true for every case? In what situations do I need to travel abroad after oct 2014 to activate H1B.

Thanks

[raghvi]

Hello,

Currently I hold L1 visa valid until June 2015 (5yrs). My employers law firm have started to process change of status from L1 to H1 which would be active from oct 2014.

Since we plan to travel to India this June 2014 and returning on aug 2014, I asked for premium processing. They are saying that even though If i get the H1B approved by may 2014, I may still need to travel abroad after oct 2014 to activate my H1B.

Is this true for every case? In what situations do I need to travel abroad after oct 2014 to activate H1B.

Thanks

I dont completely agree with the notion that H1 would not be active for you in Oct 2014 as you are travelling after COS approval , and before COS start date.
But, I certainly doubt if even in premium it would be approved by May 2014.

Also, any time you go out of US after Oct 2014, if you want to come back on H1, you will have to go for H1 stamping.

This is my opinion not legal advice.