Urgent Advice needed- L1 B to H1 B transfer- Consular processing!

[annonyme]

I am currently on L1-B visa in the US that is valid until 2016. I will be switching employer and moving to H1-B next year (2015). My question is specific to H1-B consular processing. Due to personal reasons, I will have to travel to India during April 2015. Given my new employer will file my H1-B application on 1st April 2015:

1. Will the travel plan rule out a H1-B application combined with change of status (COS) request?
2. Does my L1-B visa still remain active even after H1-B is applied using consular process? What about the status of L1-B after H1-B is approved or rejected?
3. Assuming the H1-B is filed using consular process, will I be able to travel back to US in April with the current L1-B stamp prior to the approval/rejection of the H1-B application? Is it safe to travel back on L1-B status after the H1-B is approved/ rejected or should I make sure that I return before the approval process?
4. What are the timelines for H1-B activation in case of consular processing? Is my understanding correct that I will have to travel again to India (closer to Oct 2015), get the H1-B stamped and return on H1-B status? In the meantime, can I continue working on L1-B with my current employer?

[raghvi]

I am currently on L1-B visa in the US that is valid until 2016. I will be switching employer and moving to H1-B next year (2015). My question is specific to H1-B consular processing. Due to personal reasons, I will have to travel to India during April 2015. Given my new employer will file my H1-B application on 1st April 2015:

1. Will the travel plan rule out a H1-B application combined with change of status (COS) request?
2. Does my L1-B visa still remain active even after H1-B is applied using consular process? What about the status of L1-B after H1-B is approved or rejected?
3. Assuming the H1-B is filed using consular process, will I be able to travel back to US in April with the current L1-B stamp prior to the approval/rejection of the H1-B application? Is it safe to travel back on L1-B status after the H1-B is approved/ rejected or should I make sure that I return before the approval process?
4. What are the timelines for H1-B activation in case of consular processing? Is my understanding correct that I will have to travel again to India (closer to Oct 2015), get the H1-B stamped and return on H1-B status? In the meantime, can I continue working on L1-B with my current employer?

1. If H1 is applied as COS, and one travels before H1 petition approval, the COS is generally abandoned. Though the petition may still be approved as consular process.
2. L1 and H1 are more or less independent. If H1 is applied as consular process then you continue to remain on L1 and can use the L1 visa. In order to move to H1 you would have to apply L1 to H1 Change of Status again. H1B if approved as COS then you must work with H1 employer from COS start date. If H1B approved as Consular process you can still continue to work on L1b. If H1 is rejected it does not generally impact L1.
3. If H1 is applied as consular then I dont see an issue in returning on valid L1.
4. For consular process, you can go in Sept 2015 and if stamped, then return as early as Sept 2015 end on H1. Yes you can continue to work with L1 employer till then.

The biggest risk of consular process is , if for some reason your H1 is rejected at the consulate when you go for H1 interview, and if the officer simultaneously cancels the L1 then you would not be able to return back to US.

This is my opinion not legal advice.