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L1A to H1B conversion under COS and travel out of USA

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  • L1A to H1B conversion under COS and travel out of USA

    Few questions to experts on L1A to H-1B conversion. Thanks in advance.
    1. While the person is in USA on L1A, can he/she apply for L-1A to H-1B premium processing any time (for 2016-17 cap) or wait till 01 Apr 2016 to file H-1B application. In any case I believe it is COS as the person is in USA
    2. Assuming the H-1B goes through fine and effective 01-Oct-2016, if the person travels outside USA before Oct'16 and wants to go back on H-1B, are there any additional approvals required by USCIS or just H-1B stamping is fine?
    3. If the person is outside USA for sometime and travels on L-1A after 01-Oct-2016 into USA, is the approved H-1B petition expires and the person cannot join the H-1B employer after reaching USA?

    Thank you.

  • #2
    Originally posted by sippy070 View Post
    Few questions to experts on L1A to H-1B conversion. Thanks in advance.
    1. While the person is in USA on L1A, can he/she apply for L-1A to H-1B premium processing any time (for 2016-17 cap) or wait till 01 Apr 2016 to file H-1B application. In any case I believe it is COS as the person is in USA
    2. Assuming the H-1B goes through fine and effective 01-Oct-2016, if the person travels outside USA before Oct'16 and wants to go back on H-1B, are there any additional approvals required by USCIS or just H-1B stamping is fine?
    3. If the person is outside USA for sometime and travels on L-1A after 01-Oct-2016 into USA, is the approved H-1B petition expires and the person cannot join the H-1B employer after reaching USA?

    Thank you.
    1. All fresh H1 petitions, premium or otherwise, can only be filed 01-April-2016 as thats when the window opens.
    2. It depends if H1 is applied as COS or not. If as COS then you have to time your travel after H1 Approval notice and before H1 start date if you dont intend to go for stamping. If at all, you do decide to go for stamping, then you can enter in h1 at max 10 days before petition start date.
    3. Whats the question?

    This is my opinion not legal advice.

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