L1 to H1 Question

[kinnu1234]

Hello,

I am currently on L1B, which expires in jan 2014. i94 expires in the same month i.e jan 2014 as well. My employer filed for H1B cap 2014 on Apr 1st 2013 and we are yet to hear from USCIS if the application even got picked up in this year's lottery. That said, now I need to travel to india on Apr 19th 2013 for some emergency.

Questions
Will there be any problem with my H1 petition? As I have submitted my current i94 in the application process and I will have a new i94 once I return from India.

Fortunately, if my H1 gets picked up in the lottery and gets approved? Will my status change automatically from L1 to H1 or I need to go to India again for stamping?

Is there anyway that I let USCIS know about my updated i94?

If my H1 is approved can my employer file for COS instead of me going to India for stamping?

Appreciate your help.

Thanks,
Kinnu

[kabkaba]

Hello,

I am currently on L1B, which expires in jan 2014. i94 expires in the same month i.e jan 2014 as well. My employer filed for H1B cap 2014 on Apr 1st 2013 and we are yet to hear from USCIS if the application even got picked up in this year's lottery. That said, now I need to travel to india on Apr 19th 2013 for some emergency.

Questions
Will there be any problem with my H1 petition? As I have submitted my current i94 in the application process and I will have a new i94 once I return from India.
-- The change of status part of the petition is affected by your travel. The petition may get approved without change of status.

Fortunately, if my H1 gets picked up in the lottery and gets approved? Will my status change automatically from L1 to H1 or I need to go to India again for stamping?
-- That depends on whether change of status was requested or not. It also depends on whether you maintain L1 status (and not leave the US as above) while the petition is pending.

Is there anyway that I let USCIS know about my updated i94?
-- You can send it to them but one cannot predict if they will consider it in time.

If my H1 is approved can my employer file for COS instead of me going to India for stamping?
-- If H1 is approved without COS, your employer can file amendment to change your status.

Appreciate your help.

Thanks,
Kinnu

See above.

[kinnu1234]

L1 to H1 Question

Thanks a lot kabkaba.Appreciate your response.