H1b (please respond)

[ashwinvisa]

I am on L1B visa from Company A and my L1B is valid till April 2013.

Company B is filing my H1B (consular process) in April,2011. I am planning to go on India Vacation in August 2011. I am aware that once H1B is approved i am eligible to work from Oct 1st , 2011 on H1B.

So my questions are

1) Can i go on India vacation in August 2011.
2) If yes then do i need to stamp H1B or i can go and return back to states on L1B Visa
3) If i returned back on L1B visa then will it effect my H1B status.

Please suggest. I am badly looking for some correct information. Thank you so much in advance.

Best Regards.

[shervin143]

I am on L1B visa from Company A and my L1B is valid till April 2013.

Company B is filing my H1B (consular process) in April,2011. I am planning to go on India Vacation in August 2011. I am aware that once H1B is approved i am eligible to work from Oct 1st , 2011 on H1B.
>>> Since it is a consular process, you cannot work from Oct 1st for the H1B employer, unless you get the H1B stamped and enter U.S in H1B visa.

So my questions are

1) Can i go on India vacation in August 2011.
>>> Yes. Since the H1B is filed as a Consular Process, you can go out of the country. If it is filed as a COS, then you should stay in U.S from the date of H1B filing until Oct 1st (When the status will actualy change to H1B).

2) If yes then do i need to stamp H1B or i can go and return back to states on L1B Visa
>>> You cannot enter U.S in h1B status before September 21st. So if you are returning back before Sept 21, then you should enter in L1 visa and continue to work for the L1 employer. If you are returning after 20th Sept, and if you want to work for the H1B employer starting Oct 1st, then you can get the H1B stamped and enter U.S in H1B visa (You cannot work for the L1 employer if you do so).

3) If i returned back on L1B visa then will it effect my H1B status.
>>> What H1B status? You will never be in H1B status. Your H1B petition will remain valid. You cannot work for the H1B employer until you get the status changed from L1 to H1B.

[ashwinvisa]

Thank you very much for your reply.