L1 to H1 conversion and travel

[shankar.ravi1982]

Hi,

I went through some posts on this forum and got some ideas but would like to get the opinion for my scenario.

I am currently on L1B. My visa will be expiring on 20-Jun-2014 and I94 is valid until Jul-2016. My company is planning to apply for H1 visa on Apr 1st 2014.

I need to travel to India in the first week of June as we are expecting a baby and I am hoping to return to US around 10th of Jun.
There will be about only ~10 days left before my L1 visa expires. Can you please clarify some of my questions below?

1. What's the risk of Port of Entry as only few days left on L1 visa expiry? I will apply for L1 extension once I enter US. Should I have to show any documentation supporting this at the port of entry?
2. Any ideas on what the date I will be getting on I-94?
2. Should I apply as "Change of Status" when I apply for H1 visa?
4. I know the regular process mostly won't get me decision before June. Will the premium processing help to get the decision before Jun 1st?
5. Let's say if my H1 is approved as COS. My June travel will change the status back when I re-enter on L1 and I required to go for Stamping before Oct 2014?

Tanks in advance.

[raghvi]

Hi,

I went through some posts on this forum and got some ideas but would like to get the opinion for my scenario.

I am currently on L1B. My visa will be expiring on 20-Jun-2014 and I94 is valid until Jul-2016. My company is planning to apply for H1 visa on Apr 1st 2014.

I need to travel to India in the first week of June as we are expecting a baby and I am hoping to return to US around 10th of Jun.
There will be about only ~10 days left before my L1 visa expires. Can you please clarify some of my questions below?

1. What's the risk of Port of Entry as only few days left on L1 visa expiry? I will apply for L1 extension once I enter US. Should I have to show any documentation supporting this at the port of entry?
2. Any ideas on what the date I will be getting on I-94?
2. Should I apply as "Change of Status" when I apply for H1 visa?
4. I know the regular process mostly won't get me decision before June. Will the premium processing help to get the decision before Jun 1st?
5. Let's say if my H1 is approved as COS. My June travel will change the status back when I re-enter on L1 and I required to go for Stamping before Oct 2014?

Tanks in advance.

1. Two things, your COS is considered abandoned if one travels while it is pending so if the COS to H1 is abandoned , it will most likely be approved as consular process. Secondly, when you return you might be given I-94 only till 20-Jun-2014 and hence would have to apply extension as soon as you reach back US.
2. No one can predict.
3. As I said, even if you apply COS, it would be abandoned if you travel before its approval. If you want to apply, apply in premium so that the decision will come before your June trip.
4. As said above, as long as there are no RFEs chances are you would get the decision by June 1st.
5. The COS even if approved, will be effective on or after 01-Oct-2014.

This is my opinion not legal advice.

[shankar.ravi1982]

Perfect, appreciate your help.....