H4 to L1 Visa Change of Status

[primittal01]

Hi,

I am currently working on H4 visa (change of status) and planning to switch to L1 visa. My L1 change of status will be filed in August 2022 under premium processing.

I am also planning to travel to India in October/November 2022.

1) I have an appointment for H4 stamping in November 2022. Will L1 COS application create any issues for H4 stamping? (I need H4 stamp as a backup to be able to travel and continue working in case I switch companies)
2) Given current visa stamping backlogs, if I am unable to get an appointment for L1 visa stamping, will I be able to travel back to the US on H4?


Thanks in advance.

Regards,
PM

[newacct]

1. no
2. yes, but you will enter into H4 status

[primittal01]

Thanks newacct. This is what I was expecting.

However, my lawyer mentioned that this might create a last action issue since my last approved visa would be L1A but I would be re-entering on H4 and remain on H4 status. They mentioned that this could lead to issues at the port of entry.

Would that be any problem? Looking for a 2nd opinion here.

Regards,
PM

[newacct]

Thanks newacct. This is what I was expecting.

However, my lawyer mentioned that this might create a last action issue since my last approved visa would be L1A but I would be re-entering on H4 and remain on H4 status. They mentioned that this could lead to issues at the port of entry.

Would that be any problem? Looking for a 2nd opinion here.

Regards,
PM

"Action" is an I-94 taking effect. When you leave the US, your status ceases and your I-94 also ends. When you enter the US again, you are admitted based on your visa, and you are granted a new I-94 based on the type of visa. That I-94 is the last "action". Unless you have a pending Change of Status or Extension of Stay that has a start date after you enter, there is no later "action" than your re-entry.

[primittal01]

That's very helpful newacct, thank you!