Travel to India while L1 to H1

[prid511]

Dear All,

Right now I am in a deep confusion on my Visa status. I would really appreciate your suggestions/opinions.

I am working in US since 2.5 years on L1 B with company A. My Visa is valid till september 2013.

I am processing H1B with company B. And I would be eligible to work on H1 from Oct 1st 2013.

My I94 is valid till Oct 2015.

Questions :

1. What are the possibilities if I go to India and return before September 2013 ?
2. Can I file extension on my L1 through company A.
3. If my extension is approved, can I go to India and come on L1 after oct 1st ?

I am in a situation where it is important for me to go to India. At the same time I want to come back to US. What course of action is recommended for me.

Thanks in advance !!!

[raghvi]

Dear All,

Right now I am in a deep confusion on my Visa status. I would really appreciate your suggestions/opinions.

I am working in US since 2.5 years on L1 B with company A. My Visa is valid till september 2013.

I am processing H1B with company B. And I would be eligible to work on H1 from Oct 1st 2013.

My I94 is valid till Oct 2015.

Questions :

1. What are the possibilities if I go to India and return before September 2013 ?
2. Can I file extension on my L1 through company A.
3. If my extension is approved, can I go to India and come on L1 after oct 1st ?

I am in a situation where it is important for me to go to India. At the same time I want to come back to US. What course of action is recommended for me.

Thanks in advance !!!

Do you want to work with H1 employer B or L1 employer A after returning back?

Generally its not recommended to travel while COS is pending or about to get started. Your L1 I-94 will not longer be valid as soon as you leave US shores.
1. You can enter US on L1 as long as you have a valid L1 visa but the I-94 that you will get depends entirely on the immigration officer. And with the I-94 process becoming automated you will no longer get a physical copy at the airport. If I-94 is issued only till your visa expiry date then you will have to file for an extension request.
Generally a COS is considered abandoned if one leave US before COS becomes effective but its not as smooth in the process. And this where the confusion lies. When you are back on L1 in September, you would go to L1 status at the same time you would also move to H1 in USCIS records from 01-Oct-2013 so no one for sure except USCIS will be able to tell whats your status from 01-Oct-2013 onwards due to last action rule. Actually, in my opinion you would be on L1 but USCIS may think otherwise and you and your lawyer will have to answer questions around this in future. In order to move to H1 you will have to file another COS from L1 to H1.
2. No point filing extension now as you are planning to leave and you have I-94 till 2016. But if and when you come back on L1 in/before Sep 2013 and in case you get I-94 only till Sep 2013 then your company can file an extension request.
3. Extension of stay is different and valid visa to re enter US is different. What one needs to legally stay in US is a valid I-94.
Extension of stay can be requested only when one is in US and the I-94 is expiring within the next 6 Months. You cant apply for extension of stay right now as your I-94 is valid more than 6 Months in future (till 2016).
What one needs to enter US is a valid visa. As your current visa is expiring in Sep 2013, after 01-Oct-2013, in order to enter US you would need to go for fresh stamping L1 or H1 and get a new visa stamped in your passport and renter based on that.

This is my opinion not legal advice.

[prid511]

Thanks Raghvi,

I am 100% prepared to join employer B. I am just in a deep dilemma whether to go India before I join employer B or to go few months after joining employer B.

And your reasoning on going out of US during COS is fair enough.

I believe most of us follwoing this forum are likely to have this situation. Any different views / suggestions / experiences will be really helpful.

Regards,

Abhishek