On L1B travelling to India for vacation when H1B in process

[sunny97]

Hi,
I am in USA on L1B since Nov 2011 and I-94 is valid till Nov 2013.

I had H1 VISA which expired in 2008. Now I have applied for H1B premium processing cap exemption through the same company. My company is not applying for COS, it CP.

I have to travel India in May for 3 weeks due some emergency. I have below questions and I need clarification. I will appreciate any help in this regard.

1. Suppose when I am in India, if H1B get rejected, will I still able to travel back to USA on my L1B?
2. Suppose my H1B is approved, but do not go for stamping while in India. Do I still able travel back to USA on L1B and continue to work?


Regards,
Sunny

[raghvi]

Hi,
I am in USA on L1B since Nov 2011 and I-94 is valid till Nov 2013.

I had H1 VISA which expired in 2008. Now I have applied for H1B premium processing cap exemption through the same company. My company is not applying for COS, it CP.

I have to travel India in May for 3 weeks due some emergency. I have below questions and I need clarification. I will appreciate any help in this regard.

1. Suppose when I am in India, if H1B get rejected, will I still able to travel back to USA on my L1B?
2. Suppose my H1B is approved, but do not go for stamping while in India. Do I still able travel back to USA on L1B and continue to work?


Regards,
Sunny

If your company has not applied COS then it doesn't matter. With Consular processing as it is your H1 will be active only when you go for H1 stamping otherwise it will not be active.

You can travel with a L1 B visa as long as you have a valid L1B visa stamped in your passport.

1. If you have a valid L1B visa then you can.
2. Same as above.

This is my opinion not legal advice.