L1b stamping during L to H COS

[Ognale79]

Hi,
I am in L1B visa from 2010. My employer is applying for L1B to H1B COS by Apr 2013. I am planning for a vacation for a month to India around May 2013. I need to get my L1b visa stamped in my passport in India during my visit since I am in I94 now( L1b petition is extended in US from Nov 2011 to Nov 2013).. Will this affect my L to H COS..? Your advice is highly appreciated. Thanks

[raghvi]

Hi,
I am in L1B visa from 2010. My employer is applying for L1B to H1B COS by Apr 2013. I am planning for a vacation for a month to India around May 2013. I need to get my L1b visa stamped in my passport in India during my visit since I am in I94 now( L1b petition is extended in US from Nov 2011 to Nov 2013).. Will this affect my L to H COS..? Your advice is highly appreciated. Thanks

If your L1 is approved, would the company still pursue H1? If yes, you would have to file a L1 to H1 COS again after coming back provided H1 quota is open when you return. If your L1 is denied you can enter US only after getting H1 stamped and the new H1 start date date can only be 01-Oct 2013 or later.

Its generally not recommended to travel while a COS is pending with USCIS. Since one doesn't have a immigrant status while outside US, COS doesn't make sense, If an applicant for a change of non-immigrant status leaves the United States while that application is still pending, the application is automatically deemed abandoned and becomes void. Due to various delays nowadays around the processes, multiple things can happen, your H1 will be approved with consular processing in that case H1 will be active only when you go outside US again (after entering in L1, if L1 approved) and re enter US later. OR, your H1 gets approved with start date of 01-Oct-2013 or later, as per petition, and will come with a new I-94, at the same time you would be having an L1 (on the one you entered US in May/June 2013) associated I-94 so on the H1 active date you will not know which is your actual immigrant status, H1 and L1.

Advisable to either get L1 to H1 COS approved and then travel or re enter on H1 1 Week before H1 start date (which can only be 01-Oct-2013 or later) after H1 stamping, if H1 is desired.

This is my opinion not legal advice.