Future I94 on L1B , Project ending in Feb'14 , Need H1 advice

[Forum1234]

Hello Experts,

I am currently on an expired L1B visa and have I94 valid till June 2015

My current project is getting over by Feb End and I may have to go back to India after that.

I am trying to get a new project but current employer may struggle to sustain me in USA for any time period after Feb'14.

I have been in touch with many consultancies who are ready to file a H1 for me in April'14 but needs me to be here in USA.

My question - If I get H1 filed for 2014 in Premium procession and If I manage to stay in USA till May End (assuming I get an approval on my H1 Premium by May End) , Can I go back to India @ May End and then come back with fresh H1 stamping post Oct'1 2014 (after lottery etc).

Also, can somebody enlighten me on the hesitancy of consultancies if I /someone is going back to India.

I am open to any other suggestions which can allow me to stay in USA and get on an H1.

Thank You !

[raghvi]

Hello Experts,

I am currently on an expired L1B visa and have I94 valid till June 2015

My current project is getting over by Feb End and I may have to go back to India after that.

I am trying to get a new project but current employer may struggle to sustain me in USA for any time period after Feb'14.

I have been in touch with many consultancies who are ready to file a H1 for me in April'14 but needs me to be here in USA.

My question - If I get H1 filed for 2014 in Premium procession and If I manage to stay in USA till May End (assuming I get an approval on my H1 Premium by May End) , Can I go back to India @ May End and then come back with fresh H1 stamping post Oct'1 2014 (after lottery etc).

Also, can somebody enlighten me on the hesitancy of consultancies if I /someone is going back to India.

I am open to any other suggestions which can allow me to stay in USA and get on an H1.

Thank You !

In order to be in valid status in US you need to have a valid I-94 as well as get paid, so, is your L1 sponsoring company willing to keep paying you till May 2014?

If that is the case, yes, you can certainly stay till May. Also, in parallel, apply H1 in April 2014, go back to India, and come back with stamped visa in Oct 2014.

The hesitancy that consultancies have with respect to someone going back to India is when they dont have a concrete project/work with them, and cannot produce the necessary client letter which you can show to the visa officer while attending the H1 interview. If the visa officer asks for it and you cannot show it, your visa might be rejected.

So it makes sense to get H1 sponsorship from reputed companies to avoid this hassle. But many a reputed companies would be hesitant to interview you in Jan-March, sponsor your H1 in April, to wait for you till Oct 2014 to join. Of course if you have a rare skillset not readily available in US then it may be possible

This is my opinion not legal advice.