New H-1b Filing from L-1.But going to india at the same time.

[devenderthota]

Hi All,

NEED SOME HELP HERE......

I am currently on L-1 and other company hired me and they are filing new H-1B premium COS. But the problem is here...

I am going to india on Aug-07,2010 and will be back on Sep-07,2010.
They will file H-1 before i go to india (Aug-07,2010), with my current I-94.
If i get the H- approval, my new I-94 will be valid from Oct-01,2010.

Will there be any problem in the above scenario. Can i go for vacation after apply for H-1 with COS and come back before oct-01,2010 and start working on new H-1 from oct-01?.
Please suggest ASAP.

-Dev

[sk4ih]

You can go to India, but need visa while entering US again.

[shervin143]

I am going to india on Aug-07,2010 and will be back on Sep-07,2010.
They will file H-1 before i go to india (Aug-07,2010), with my current I-94.
If i get the H- approval, my new I-94 will be valid from Oct-01,2010.
>>>It is not advisable to travel when an application for COS is pending with USCIS. The chances are that your H1B could get approved without a COS (as consular process). In which case, in order to work for the H1B employer, you need to get the H1B stamped.

Will there be any problem in the above scenario. Can i go for vacation after apply for H-1 with COS and come back before oct-01,2010 and start working on new H-1 from oct-01?.
>>> No issues. If the H1B gets approved as a COS (with new I-94), then your status will automatically change to H1B starting October 1st (assuming this H1B is filed under the new CAP) and you can continue to work for H1B employer. In his case, you cannot continue with the L1 employer after Oct 1st.

[devenderthota]

Thanks Shervin.

Assuming that i travel to india only after H-1 COS approval.
But when i come back to US on new L-1 VISa ( i need to go for L-1 stamping in india as it will expire soon), i will get new I-94 so , in that case does it supersede my H-1 COS I-94 which is effective from Oct-01,2010 ?

If yes, will it be a problem to start working on H-1 again? Please advise

-Dev

[shervin143]

When you leave the country, you are supposed to return all the I-94 that you have. In which case you will need to return the I-94 that come with your H1B approval. When you re-enter, you will get a new I-94 for your L1 visa. In which case, you will need to do a COS from L1 to H1B again.

My suggestion is to postpone your a trip a bit, get the H1B stamped in your home country and re-enter in H1B visa.

[devenderthota]

Thanks Shervin,

But when i leave the country i will be returning my current L-1 I-94, but not not the one I-94 that come with my H1B approval. i come back on new L-1 I-94. But still my H1 I94 is valid from Oct-01 right? please correct me if i am wrong.

-dev

[sk4ih]

You MUST surrender all I-94s while exiting US.

You will get new one while entering US back.