L1 to H4 to new H1

[karthi87]

Hi,

I am in L1B visa and my visa expired last year, but i have valid i-94 till Aug 2013. I am planning to apply new H1B visa through another employer. Meanwhile my current employer arranges new L1B or L1A visa. So below are my questions.

1. If i go out of country by Aug 2013 and get L1 stamped, can i use the approved H1 from Oct 1?
2. If L1 visa not approved during Stamping, i am planning to come to US with H4 (Using my spouse H1), can i use approved H1 from Oct 1 without COS?
3. if i change my status to H4 (Using my spouse H1) by Aug without going out of country, can i use H1 from Oct 1 without COS?

[raghvi]

Hi,

I am in L1B visa and my visa expired last year, but i have valid i-94 till Aug 2013. I am planning to apply new H1B visa through another employer. Meanwhile my current employer arranges new L1B or L1A visa. So below are my questions.

1. If i go out of country by Aug 2013 and get L1 stamped, can i use the approved H1 from Oct 1?
2. If L1 visa not approved during Stamping, i am planning to come to US with H4 (Using my spouse H1), can i use approved H1 from Oct 1 without COS?
3. if i change my status to H4 (Using my spouse H1) by Aug without going out of country, can i use H1 from Oct 1 without COS?

Is the L1B to L1A or L1b to H1B or H4 to H1 being planned to be filed under premium? As that can impact the processing time significantly.

Advisable not to travel while a petition/COS is pending with USCIS.

Also advisable not to have multiple petitions filed with USCIS at the same time as one never knows which petitions decision will be taken first.In your case if not filed in a timely manner, you will have L1B to L1A, L1B to H1, L1B to H4, H4 to H1 all sort of petitions filed with USCIS.

1. If you travel by Aug 2013 and return on a new L1 then you need to file a COS with an approved H1 petition in order to get to H1 from 01-Oct-2013.
2. If you return on H4 you need to file a COS with an approved H1 petition in order to get to H1.
3. You still need to do a COS from H4 to H1.

Advisable to file L1B to L1A under premium by Feb 2013, and also to reply to RFEs, if any, as soon as you get them so that you can get the decision before 01-Apr-2013. If you get a positive decision and want to move to H1 from 01-Oct-2013 you can file a COS from approved L1A to H1 and start on H1 from 01-Oct-2013 if h1 is approved.

If L1B to L1A is denied, then you have two options, if you want to avoid travel outside US for stamping, advisable to resign from L1B employer and file L1B to H4 before 01-April-2013, and apply H4 to H1 COS when the H1 cap opens 01-Apr-2013 and if approved start working with h1 employer from 01-Oct-2013. Otherwise, file L1B to H1 as consular processing, leave US before I-94 expires, get H1 stamping done while outside US, and return to US around 01-Oct-2013 with approved H1.


This is my opinion not legal advice.