L1B now - H1B consular processing next

[Ajayesh]

Hello,

My L1B would be expiring this Dec. I would have completed around 5 years by then. My employer is going for H1B - consular processing.

1) Is it possible for me to go through the petition approval process while in US?

2) If the petition is approved, do I need to go back to India for stamping AFTER the expiry of current petition --or-- I will need to do only when I leave US and do the stamping to re-enter US.

Thanks

[kabkaba]

Consular processing means that you will have to leave the US before your current L1 I-94 expires and return with an H1 Visa. It does not matter where you are located at the time the petition is processed.
If H1 petition is filed as change of status (as against Consular processing), then you will get a new I-94 with the approval notice and then you don't need to leave the US. You will still need an H1 Visa to return whenever you leave.

[Ajayesh]

L1B now - H1B consular processing next

Thanks.

Looking at the trend of refusal & denials aspect only, what do you suggest - To go for Consular processing or Change of Status? Please advise.

[kabkaba]

It does not matter.

[Ajayesh]

Thanks for your response.

I will be stamping at US consulate, Mumbai.

I am told, it is under construction and they usually refer it to Delhi. In general, its even more strict to get stamping done now. Do you have any update on this? Thanks.

[kabkaba]

You can apply for the Visa at any other consulate/embassy in India after petition is approved. In general consultants face extra scrutiny at all the consulates these days.