L1B to H1B I797 Approved. COS Abandoned.

[DSKu]

Hello,

It will be of great help if you could clarify my doubt.
I applied for change of status L1B to H1b through a consultant, It was in initial review and I had to travel to India for unavoidable reason. H1B petition got approved but COS got denied as I was in India while USCIS approve my petition. Now I came back to US (sep21st 2013) on L1B and they have given a new I94 which is valid till Nov 2013 (L1B visa expiry date)

1. Can I stay with my L1B visa with the previous employer as the COS is denied and I entered the US with my L1B, does the oct1st deadline affect me ?
2. Can I go to India for stamping on a later date say Jan 2014 to get my H1 stamped ? If yes what is needs to be done ex. whether we need to inform USCIS for delay in taking H1B on 1st of OCT'13 to Jan '14?

Thanks

[kabkaba]

Hello,

It will be of great help if you could clarify my doubt.
I applied for change of status L1B to H1b through a consultant, It was in initial review and I had to travel to India for unavoidable reason. H1B petition got approved but COS got denied as I was in India while USCIS approve my petition. Now I came back to US (sep21st 2013) on L1B and they have given a new I94 which is valid till Nov 2013 (L1B visa expiry date)

1. Can I stay with my L1B visa with the previous employer as the COS is denied and I entered the US with my L1B, does the oct1st deadline affect me ? --Yes. Since COS was denied, that will not make any different to you.
2. Can I go to India for stamping on a later date say Jan 2014 to get my H1 stamped ? If yes what is needs to be done ex. whether we need to inform USCIS for delay in taking H1B on 1st of OCT'13 to Jan '14? -- There is nothing to inform. Your H1B employer must not withdraw the petition and provide evidence that the job is still available for you at that time.

Thanks

See above.