L1B to H1 B cap exempt

[sragh]

Hi all,

I am currently in L1-B Blanket and PED Expiry is 24NOV2017. Visa Expiry is 04JAN2018.

I have my old H1-B which I can revive before 02AUG2017 ( Last exit 02AUG2011) 1.5 years left from old visit.

My question is I have to travel to India in JULY 2017 and come back in AUG 2017. Please let me know if I can initiate my old H1B cap exempt and travel to india after that? Pls note I have my L1B PED expiry until Nov 2017.

I have to travel to india and same time wishing not to lose an opportunity to revive H1B

<<I am not switching EMPLOYER>>

[raghvi]

Hi all,

I am currently in L1-B Blanket and PED Expiry is 24NOV2017. Visa Expiry is 04JAN2018.

I have my old H1-B which I can revive before 02AUG2017 ( Last exit 02AUG2011) 1.5 years left from old visit.

My question is I have to travel to India in JULY 2017 and come back in AUG 2017. Please let me know if I can initiate my old H1B cap exempt and travel to india after that? Pls note I have my L1B PED expiry until Nov 2017.

I have to travel to india and same time wishing not to lose an opportunity to revive H1B

<<I am not switching EMPLOYER>>

Why not file H1 cap exempt as consular process and get H1 stamping done and return on H1 visa?

[sragh]

Why not file H1 cap exempt as consular process and get H1 stamping done and return on H1 visa?

Thanks raghvi for response.

If I file H1 cap exempt now, I will have to wait until it is approved then get stamped and come back to US right? Is there a way I can still enter US in L1 which is expiring in Nov? I am not sure what you mean by Consular process.

Can I just file H1 without Change of status and come back to US in L1 itself?

[scientist2016]

Alternately, why don't you file cap exempt H1B after your return? Plan to return in August prior to running out of time to revive your H1B, entering on your still valid L1, and then file the H1B petition. Since you are already in the US at that point of time, you could do a COS.

[raghvi]

Alternately, why don't you file cap exempt H1B after your return? Plan to return in August prior to running out of time to revive your H1B, entering on your still valid L1, and then file the H1B petition. Since you are already in the US at that point of time, you could do a COS.

Yes, possible too but then sragh would have to return before 01-August 2017, I would say much before, somewhere in July first week , in order to give time for the attorneys to prepare the necessary paperwork and for the I129 to reach USCIS before 01-Aug-2017. Also, one has to find an employer flexible enough to do so.

I see that you have mentioned that you are not planning to shift your employer, which makes it a tad easier, if you have a supporting employer, and if they willing to do consular process, I would suggest filing cap exempt H1 as consular process now and changing to COS somewhere in Nov (upon your L1 expiry). Filing for H1 as COS now would hinder your travel plans, as you cannot travel while COS is pending and filing COS later (after your return) would force you to return July mid, which may not suit your travel plans. Talk to your immigration team.

This is my opinion not legal advice.

[scientist2016]

That's a good suggestion raghvi.

[sragh]

Yes, possible too but then sragh would have to return before 01-August 2017, I would say much before, somewhere in July first week , in order to give time for the attorneys to prepare the necessary paperwork and for the I129 to reach USCIS before 01-Aug-2017. Also, one has to find an employer flexible enough to do so.

I see that you have mentioned that you are not planning to shift your employer, which makes it a tad easier, if you have a supporting employer, and if they willing to do consular process, I would suggest filing cap exempt H1 as consular process now and changing to COS somewhere in Nov (upon your L1 expiry). Filing for H1 as COS now would hinder your travel plans, as you cannot travel while COS is pending and filing COS later (after your return) would force you to return July mid, which may not suit your travel plans. Talk to your immigration team.

This is my opinion not legal advice.

So with h1 Cap exempt Consular process, I can travel in July / August and return to US on L1B while it is under process? How long does H1 Consular process take? given there is no Premium processing now.

[raghvi]

So with h1 Cap exempt Consular process, I can travel in July / August and return to US on L1B while it is under process? How long does H1 Consular process take? given there is no Premium processing now.

3-6 months would be a fair estimate.

This is my opinion not legal advice.

[sragh]

3-6 months would be a fair estimate.

This is my opinion not legal advice.

Thanks Raghvi. So during that period(while H1 cap exempt Consular Process), I can travel to India and come back before NOV(L1 Expiry) ?

[raghvi]

Thanks Raghvi. So during that period(while H1 cap exempt Consular Process), I can travel to India and come back before NOV(L1 Expiry) ?

Yes you can, but you also have to plan on getting the COS to H1 approved before your L1 Petition Expires. If your employer files it as soon as you return in Aug 2017, you probably will have tiem only til Nov to get it approved, hopefully by that time the premium processing would have resumed.

This is my opinion not legal advice.