L1 to h1

[Abhishek123]

Hello,

I am presently on L1B Visa for which the I-94 is up to Jan 2015. The company will be applying for H1B Visa this year in regards to which i have the following questions.

1. If i get the H1B in lottery then can i travel to my home country between April 2014 to October 2014 for 15 days and come back and enter US on L1B itself. The H1B status should kick in only from October 2014 and that too if the company applies COS. I think i can travel but i just want to ask before itself.
Basically i want to know if this step puts some limitation to my travel to India before Oct 2014.

[raghvi]

Hello,

I am presently on L1B Visa for which the I-94 is up to Jan 2015. The company will be applying for H1B Visa this year in regards to which i have the following questions.

1. If i get the H1B in lottery then can i travel to my home country between April 2014 to October 2014 for 15 days and come back and enter US on L1B itself. The H1B status should kick in only from October 2014 and that too if the company applies COS. I think i can travel but i just want to ask before itself.
Basically i want to know if this step puts some limitation to my travel to India before Oct 2014.

You should travel only after the COS approval has been received. If you travel while COS approval is pending it will be abandoned.

When is your L1B visa expiring?

This is my opinion not legal advice.

[raghvi]

Hello,

I am presently on L1B Visa for which the I-94 is up to Jan 2015. The company will be applying for H1B Visa this year in regards to which i have the following questions.

1. If i get the H1B in lottery then can i travel to my home country between April 2014 to October 2014 for 15 days and come back and enter US on L1B itself. The H1B status should kick in only from October 2014 and that too if the company applies COS. I think i can travel but i just want to ask before itself.
Basically i want to know if this step puts some limitation to my travel to India before Oct 2014.

As long as you travel after COS approval and return before COS effective date it should be fine.

If you travel before COS approval, COS will be abandoned and the petition most probably will get approved as Consular Process.
If you return post COS effective date you would have to get stamping done in order to return on H1 or file another L1 to H1 COS after return.

Now, if there is lottery, then if applied in premium you might get the approval by April End/May first week. Otherwise you are looking at June/July under normal processing. Of course, provided no RFEs.

This is my opinion not legal advice.

[Abhishek123]

As long as you travel after COS approval and return before COS effective date it should be fine.

If you travel before COS approval, COS will be abandoned and the petition most probably will get approved as Consular Process.
If you return post COS effective date you would have to get stamping done in order to return on H1 or file another L1 to H1 COS after return.

Now, if there is lottery, then if applied in premium you might get the approval by April End/May first week. Otherwise you are looking at June/July under normal processing. Of course, provided no RFEs.

This is my opinion not legal advice.

Thank You Raghvi,

Is an amendment possible to change from Consular to COS. I get a H1B Petition approved on Consular in April 2014 but can i change to COS in Nov 2014 so that i do not have to leave the country for stamping.

[raghvi]

Thank You Raghvi,

Is an amendment possible to change from Consular to COS. I get a H1B Petition approved on Consular in April 2014 but can i change to COS in Nov 2014 so that i do not have to leave the country for stamping.

Yes you can, but I highly doubt you would get an approved consular processing H1 petition by April 2014. US Masters , premium processing case got approval in May last year.

Also converting from consular to COS is upto USCIS, they may or may not approve it based on the supporting evidences you need to submit with respect to why the petition needs to be converted to COS.

This is my opinion not legal advice.

[Abhishek123]

Yes you can, but I highly doubt you would get an approved consular processing H1 petition by April 2014. US Masters , premium processing case got approval in May last year.

Also converting from consular to COS is upto USCIS, they may or may not approve it based on the supporting evidences you need to submit with respect to why the petition needs to be converted to COS.

This is my opinion not legal advice.

Thank You Raghvi.

And i believe i cannot even change the job to the new company in US while on L1 with H1B Consular Processing. I need to go outside , get H1B stamped and get back to country on H1 and then change job. As you said the new company can apply amendment of Consular to COS if i do not want to leave the country but then it is upto USCIS

[raghvi]

Thank You Raghvi.

And i believe i cannot even change the job to the new company in US while on L1 with H1B Consular Processing. I need to go outside , get H1B stamped and get back to country on H1 and then change job. As you said the new company can apply amendment of Consular to COS if i do not want to leave the country but then it is upto USCIS

OR you can have Company A , which is holding your L1, file H1, as consular process, once approved, file a transfer to another company , get it approved as COS. Yes, consular to COS for either Company A, or any other company will be upto USCIS to approve. If not approved, you can always go out, get H1 stamped and return.

This is my opinion not legal advice.