L1- H1 Consular Processing. Need to continue on L1B

[kskrishnan]

HI , I am on L1 with company "X" and is valid till May 2016, meanwhile i have filed for H1 with company "Y". The lottery was picked up and while in process , i had traveled out of country and came back on L1. The status of the H1 lottery says RFE . Now the company "X" is planning for extension of L1 and eventually process GC. Company "Y" meanwhile is planning for submitting the RFE , but since i had gone out of country , H1 may get approved but "Change of Status ( COS ) " will not be and will have to go for a Consular processing.

The questions here are :-
1) If i need to continue with company X, what are the possible options.
2) For Consular processing, is it mandatory to go out of US ad come back with a stamped H1b to have the effect or else, I still can work on L1 and get it extended with company X.
3) What are the documents required for consular processing , if company Y is going for it.
4) Is Consular processing again lottery based?
5) WHat are the option to withdraw the current H1 petition.

Awaiting replies.
Thanks in advance

[raghvi]

HI , I am on L1 with company "X" and is valid till May 2016, meanwhile i have filed for H1 with company "Y". The lottery was picked up and while in process , i had traveled out of country and came back on L1. The status of the H1 lottery says RFE . Now the company "X" is planning for extension of L1 and eventually process GC. Company "Y" meanwhile is planning for submitting the RFE , but since i had gone out of country , H1 may get approved but "Change of Status ( COS ) " will not be and will have to go for a Consular processing.

The questions here are :-
1) If i need to continue with company X, what are the possible options.
2) For Consular processing, is it mandatory to go out of US ad come back with a stamped H1b to have the effect or else, I still can work on L1 and get it extended with company X.
3) What are the documents required for consular processing , if company Y is going for it.
4) Is Consular processing again lottery based?
5) WHat are the option to withdraw the current H1 petition.

Awaiting replies.
Thanks in advance

Your travel outside US while COS to H1 being pending could well be the reason for RFE.
1. If above is true, in most cases the H1 petition gets approved but COS gets denied, in that case, you are safe, no need to do anything to continue working with X.
2 L1 and H1 are two separate processes. So if H1 is approved as consular process , you can continue to work with X and file L1 extension with X. H1 would have no impact on L1 process.
3. Consular processing typically means that you would be able to move to H1 for Y only after leaving US, going for H1 stamping and returning on H1 visa.
4. No. Lottery is only to get the petition accepted by USCIS, which you seem to have already done.
5. Dont see a strong reason why you would want to do that. Worse case if H1 COS is approved with Y, but you want to continue working with X, then leave US, and return on valid L1 of X.

This is my opinion not legal advice.