H1 visa reinstate

[powgri]

Hi there,

Last year (2007), when I was in the US on L1 from my company A, I had applied for H1 visa from another company B and it had got approved. However, I didnt get it stamped on my passport. This year in February, I came back to US on L1 again from company A. Company A asked to file H1 for me. I told them that I have an H1 already from company B. Hence they(company A) filed for visa reinstate for me. Two days before, I got a mail from the USCIS that they want additional evidence. My comapny A is following up.

My question is, when should I expect the process to get over so that I can go back home to get a visa stamp ? Somone told me that even if every thing happens, I cannot go to india before october for stamping h1 ?

-thanks in advance for your help.

[DMX17]

If your new H1 (not subject to cap) was applied with a Change of Status (COS) from L1 to H1 (make sure with employer if they did file for a COS). Your status will change to H1 on the date listed on the I-797. In this case, you need not to go for stamping and can work on H1 status without leaving the U.S. Your case is cap-exempt.

You can go for stamping anytime after the H1 is approved and re-enter withing the validity of the approval of notice (I-797).

[powgri]

Thanks

I will check with my employer and see if they filed for COS, wish I knew all this earlier !

[sandy175]

If your new H1 (not subject to cap) was applied with a Change of Status (COS) from L1 to H1 (make sure with employer if they did file for a COS). Your status will change to H1 on the date listed on the I-797. In this case, you need not to go for stamping and can work on H1 status without leaving the U.S. Your case is cap-exempt.

You can go for stamping anytime after the H1 is approved and re-enter withing the validity of the approval of notice (I-797).

Hi DMX17,

I am confused with your answer . According to TxH1B . if a person is working on L1B he should immediately quit the job once the approved status shows online . You are saying that the date will be mentioned on the I-797 .
Which one is correct answer ?
I had an earlier H1B visa which has expired . i am currently on L1B thinking of working on H1B once a company applied for my h1 . I will not fall under any cap due to remainder option . But I am not clear on the date when the COS will take place . Will that be pre known ( as you said OR will I have to keep checking it online everyday to determine the approved status ? )
Thanks,
sandy