L1b to H1b

[Amresh Kumar]

I am on L1b and my visa will expire on 16June 2017. This will be the end of three years. My company is filling H1B in premium processing under Change of Status. Can I be out of USA between April 6th to 9th and July 1st to Aug 3rd this year. Will this somehow impact my H1b and push me for Consular approval ?
What is the difference between situation where I do not travel out of USA before H1 approval and if I travel as above ?

[raghvi]

I am on L1b and my visa will expire on 16June 2017. This will be the end of three years. My company is filling H1B in premium processing under Change of Status. Can I be out of USA between April 6th to 9th and July 1st to Aug 3rd this year. Will this somehow impact my H1b and push me for Consular approval ?
What is the difference between situation where I do not travel out of USA before H1 approval and if I travel as above ?

H1 can be applied as Consular Process or as COS. Typically when one is already in US in a different status such as L1/L2/H4 etc then it is applied as COS.

Now, if one applies H1 as COS and leaves before it is approved, USCIS will normally deny the COS because the person left while the COS was pending, USCIS may still approve the underlying petition but will not give a new I-94 and the employer would have to spend extra to convert a consular process to COS (which again may not get approved) OR the employee has to leave US, get H1 stamped and re enter on the H1 visa in order to move to H1 status.

So in order to avoid COS being denied, do ensure that you travel only post H1 petition approval, which even if done in premium would typically be around May End (if no RFE).

This is my opinion not legal advice.

[Amresh Kumar]

H1 can be applied as Consular Process or as COS. Typically when one is already in US in a different status such as L1/L2/H4 etc then it is applied as COS.

Now, if one applies H1 as COS and leaves before it is approved, USCIS will normally deny the COS because the person left while the COS was pending, USCIS may still approve the underlying petition but will not give a new I-94 and the employer would have to spend extra to convert a consular process to COS (which again may not get approved) OR the employee has to leave US, get H1 stamped and re enter on the H1 visa in order to move to H1 status.

So in order to avoid COS being denied, do ensure that you travel only post H1 petition approval, which even if done in premium would typically be around May End (if no RFE).

This is my opinion not legal advice.

I will be in India between July 1st to Aug 2nd. I can enter to USA as I have L1 which is valid till June 2017. This period is much after May end. My question is if my paper is picked up for processing during the time I am out of USA and I am given the approval under consular approval, will I have to travel outside USA before October 1st to get the h1 stamping. Or can I go to India next year June to get my h1 stamped. Please help:

[Amresh Kumar]

Please respond

[raghvi]

Please respond

I dont see an issue in you going to India in June and getting converted to H1. But do realize that till then you would be working on L1.

This is my opinion not legal advice.