L1 Vs H1

[Adviceneeded]

I am on L1 with Company A (with valid stamping till 2011)and I applied H1 through Company B without change of status. My petition got aprroved and my visa is valid from October 09. I want to continue on L1 through Company A but Company B is asking me to convert to H1 or they would withdraw my petition.

If I decide to convert to H1, do I need to go to India for stamping? Can I get the stamping done in India or Mexico? How is the stamping situation in India currently? Do I need to take an offer letter from the client?
If I decide to remain on L1 and my H1 is withdrawn will it affect if I apply H1 in future?

Why is it not possible to keelp my L1 and H1 till I am ok to convert to H1? Will
Company B face any issues if I hold H1 but do not get converted?

Any advice is greatly appreciated.

[shervin143]

I am on L1 with Company A (with valid stamping till 2011)and I applied H1 through Company B without change of status. My petition got aprroved and my visa is valid from October 09. I want to continue on L1 through Company A but Company B is asking me to convert to H1 or they would withdraw my petition.

If I decide to convert to H1, do I need to go to India for stamping?
>>>>> Yes

Can I get the stamping done in India or Mexico?
>>>>> You need to go to India. You can go to Mexico only if you are going for the re-stamping of the same visa type.

How is the stamping situation in India currently?
>>>>> Same as anywhere else.

Do I need to take an offer letter from the client?
>>>>> What do you mean by offer letter from the client. You need to take the offer letter from your employer, employment verification letter and client letter (If you will be working at the client's location).

If I decide to remain on L1 and my H1 is withdrawn will it affect if I apply H1 in future?
>>>>> No.

Why is it not possible to keelp my L1 and H1 till I am ok to convert to H1?
>>>>> Ofcouse you can? It is not necessary to join your H1B employer immediately since your H1B is not a COS from L1.

Will Company B face any issues if I hold H1 but do not get converted?
>>>>> No

Any advice is greatly appreciated.

[Adviceneeded]

Thanks for the reply.

Can I apply for a COS and convert to H1 instead of going to India? Or go to Canada to get the stamping done?

Is the client letter mandatory for stamping?

[shervin143]

Can I apply for a COS and convert to H1 instead of going to India?
>>>> You can file a H1B amendment petition for COS to H1B. USCIS will look for a strong reason for doing so (Your company attroney need to provide a valid reason). It will take 2-3 months to get the approval by normal process until which you cannot work for the H1B employer. The chances of approval is less.

Or go to Canada to get the stamping done?
>>>> First time H1B stamping is not advisable from 3rd nation U.S consulates.

Is the client letter mandatory for stamping?
>>>> The VO might ask for it. If you don't have it, you will receive a 221g to submit the required documents. Then it will take it's own time to get the visa even after submitting the requested documents.

[Ashok555]

HelpRequired

Hi. Am also facing the similar kind of problem. Am in US with my L1 visa. I applied for H1B in 2009 and got approved which is valid till 2009-2012. My employer gave me only the copy of the approval notice. Am now working on my L1 and the job is very good. So i dont want to switch to H1 very soon. Am going to India on February 2010.Will return in February end.
*My employer is asking me to do the stamping for my H1. if i need to do stamping , do i need to resign from the employer who gave L1?
*My H1B employer is otherwise, asking me to go for a COS. Can i do it after i come from india?
* Can i do my stamping in end of 2010. While doing stamping whether the consulate will ask why there is delay in stamping after the appproval?
* Can i do the stamping anywhere in mexico or canada ?

Please suggest me. Thanks.

[sk4ih]

*No

* Yes

* Yes. No. All that they need to know is if you still have that job available for you.

* Yes

[shervin143]

* Can i do the stamping anywhere in mexico or canada ?
>>>>> If this is your first time H1B stamping, then it is advisable to go to the home country.