L1B to H1

[kcmouli]

Hi,

My wife is on L1B and we are planning to file H1B this year-April 2009.We need to go to India in May( for 3 weeks).

1. As we are leaving U.S after filing H1 in April 2009, will she need to go back to India to get H1 status or "automatic change of status" from L1 to H1 from
1-oct-09 will be applied?
2. Is there any option to get the status changed without going to India if the "automatic change of status" didn't get applied?

your reply is really appreciated.

Thanks
KCM

[itzprams]

1. As we are leaving U.S after filing H1 in April 2009, will she need to go back to India to get H1 status or "automatic change of status" from L1 to H1 from
1-oct-09 will be applied?

If you travel after applying, COS WILL NOT be applied.

2. Is there any option to get the status changed without going to India if the "automatic change of status" didn't get applied?

Assuming you are entering on L1,
You can find an employer to file an amendment for COS from L1 to H1B. You can start working on H1B only after approval of COS.

[txh1b]

If the COS petition gets approved prior to travel with an effective date of Oct 1st, travel will still be ok and status changes to H1b on Oct 1s based on Efren Hernandez memo.

PP may help in your case for getting the approval prior to travel. If not, what itzparms suggested is the way or getting a H1b visa stamp and entering on it.

[kcmouli]

Thank you very much for your valuable inputs.
May I know what is "PP"? How do I know whether my COS got approved?

[Member2003]

"PP" is Premium processing.