URGENT - Query on COS and H1B Processing

[l1bwithh1b]

I am working for a company ABC in US on L1B and had applied for H1B (with COS) through an employer XYZ in April 2016 which I got in lottery and I am waiting for Approval notice.

Now my queries are:
1. I need to go to India asap due to my personal reasons (on vacation or for good), so will it affect my H1B processing?
2. What if I go back to India after getting my H1B approval but before October 1st, so will it still void my COS as I have moved out of US without changing my status to H1B?
3. What if my employer XYZ refuses to provide me my H1B Approval Notice (I797), so can I still transfer my H1B using just the Receipt Number I have?
4. Is my H1B employer XYZ legally supposed to give me i797 approval notice?
5. If I go back to India now and next year I go for H1B stamping in India so can I hold 2 valid visas at a time (L1b from my current employer and H1B from my new employer whom I will join)?
6. Can consulate cancel my existing L1B while issuing me H1B?

[SKDS160]

I am working for a company ABC in US on L1B and had applied for H1B (with COS) through an employer XYZ in April 2016 which I got in lottery and I am waiting for Approval notice.

Now my queries are:
1. I need to go to India asap due to my personal reasons (on vacation or for good), so will it affect my H1B processing?
2. What if I go back to India after getting my H1B approval but before October 1st, so will it still void my COS as I have moved out of US without changing my status to H1B?
3. What if my employer XYZ refuses to provide me my H1B Approval Notice (I797), so can I still transfer my H1B using just the Receipt Number I have?
4. Is my H1B employer XYZ legally supposed to give me i797 approval notice?
5. If I go back to India now and next year I go for H1B stamping in India so can I hold 2 valid visas at a time (L1b from my current employer and H1B from my new employer whom I will join)?
6. Can consulate cancel my existing L1B while issuing me H1B?

1. No. If you leave before your H1B petition is approved your COS will be abandoned.
2. No.
3. Yes, that is possible.
4. No.
5. You can have 2 valid visa in passport but you have to show the one at POE which you want to be use as your valid status. You can't be on H1 and L1 status at the same time.
6. They most likely will.

[l1bwithh1b]

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1. No. If you leave before your H1B petition is approved your COS will be abandoned.
2. No.
3. Yes, that is possible.
4. No.
5. You can have 2 valid visa in passport but you have to show the one at POE which you want to be use as your valid status. You can't be on H1 and L1 status at the same time.
6. They most likely will.

Thanks a ton SKDS160 for your response. I am clear on all the doubts except que#1 and 2.

So here is the scenario, I am on L1B which is company specific and another company has applied H1B with COS for me. So if I do not go outside US before Oct 1st then automatically I ll come on H1B status (after getting i797 approval notice ofcourse). But what will happen to my COS in following 2 scenarios?

Scenario - 1: If I go to India on September 15 after getting approval notice and come back to US before Oct 1st? So what status I will be on that time?

Scenario - 2: If I go to India on September 15 after getting approval notice and come back to US after Oct 1st (Lets say Oct 8th)? So what status I will be on that time and do I need to get my H1B stamped and show them at POE?

Scenario - 3: I may sound weird but what should I need to do to abandon my COS so that I may continue on L1B with company ABC and also I can retain my H1B i797 approval so that I can use it in future?

I would really appreciate your expert comments.

[l1bwithh1b]

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Thanks a ton SKDS160 for your response. I am clear on all the doubts except que#1 and 2.

So here is the scenario, I am on L1B which is company specific and another company has applied H1B with COS for me. So if I do not go outside US before Oct 1st then automatically I ll come on H1B status (after getting i797 approval notice ofcourse). But what will happen to my COS in following 2 scenarios?

Scenario - 1: If I go to India on September 15 after getting approval notice and come back to US before Oct 1st? So what status I will be on that time?

Scenario - 2: If I go to India on September 15 after getting approval notice and come back to US after Oct 1st (Lets say Oct 8th)? So what status I will be on that time and do I need to get my H1B stamped and show them at POE?

Scenario - 3: I may sound weird but what should I need to do to abandon my COS so that I may continue on L1B with company ABC and also I can retain my H1B i797 approval so that I can use it in future?

I would really appreciate your expert comments.

any response pls..

[raghvi]

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Thanks a ton SKDS160 for your response. I am clear on all the doubts except que#1 and 2.

So here is the scenario, I am on L1B which is company specific and another company has applied H1B with COS for me. So if I do not go outside US before Oct 1st then automatically I ll come on H1B status (after getting i797 approval notice ofcourse). But what will happen to my COS in following 2 scenarios?

Scenario - 1: If I go to India on September 15 after getting approval notice and come back to US before Oct 1st? So what status I will be on that time?

Scenario - 2: If I go to India on September 15 after getting approval notice and come back to US after Oct 1st (Lets say Oct 8th)? So what status I will be on that time and do I need to get my H1B stamped and show them at POE?

Scenario - 3: I may sound weird but what should I need to do to abandon my COS so that I may continue on L1B with company ABC and also I can retain my H1B i797 approval so that I can use it in future?

I would really appreciate your expert comments.

Scenario 1: H1.
Scenario 2: If you want to come back in L1 status, you have to show valid L1 visa and petition to go to L1 status. And if you want to enter H1 status, you need to show valid H1 visa and I797.
Scenario 3: Apart from "Leap Frog" leaving before COS and entering after COS effective date the only other option is to ask H1 employer to file an amendment to convert COS to Consular process in premium and get it approved before COS start date.

This is my opinion not legal advice.