L1b to H1b with COS Dilemma

[@thebank25]

Hello,
I have valid L1b till next year 2013 and currently have filed new H1b in may 2012 for 2013 quota.
At present i have got urgent travel plans to India for 3 weeks and i have filed L1b to H1b with COS for my self and my spouse for L2/H4..

I want to know what are the problems we will be facing at POE. Some say that once we depart from US we will be out of status
for L1/L2 and H1b with COS will be abandoned hence only if H1b gets approved with CP then only we can re-enter after stamping is done.

So what about L1B will that also be invalid if we don't go for stamping for approved H1b if we get that on time.
can we change the processing to CP (H1b amendment) now since the petition was already filed With COS and not do it after we come back to US.

[raghvi]

Hello,
I have valid L1b till next year 2013 and currently have filed new H1b in may 2012 for 2013 quota.
At present i have got urgent travel plans to India for 3 weeks and i have filed L1b to H1b with COS for my self and my spouse for L2/H4..

I want to know what are the problems we will be facing at POE. Some say that once we depart from US we will be out of status
for L1/L2 and H1b with COS will be abandoned hence only if H1b gets approved with CP then only we can re-enter after stamping is done.

So what about L1B will that also be invalid if we don't go for stamping for approved H1b if we get that on time.
can we change the processing to CP (H1b amendment) now since the petition was already filed With COS and not do it after we come back to US.

If you leave while COS is pending, it will be considered that you are abandoning the COS as outside once US there is no concept of H1/L1 Status. If you want to return back on L1, irrespective whether before 01Oct or after 01 Oct (til L1 validity) then you will have to again file COS from L1 to H1 after returning if you wan tot work with the H1 employer. If you want to return back on H1 then better get the H1 stamped and return on or after Sept 20th 2012 with valid H1 and associated petition. This is my opinion not legal advice.