Need clarification: L1 to H1 process in progress and travel to India

[stepinasfriend]

A product based company “Q”, head-quartered in CA/USA, had subsidiary development center in
India . On my first L1B, right now I am working in USA for the same “Q”. I have visa valid up to
May 2014. “Q” decided to start processing H1B starting with 1st April 2012 quota. They told me
to complete the paper work by 21st March 2012, so that they can ensure to reach my papers to
USCIS by 1st April 2012.

I am making a personal trip to India from 1st April through 26th April (to bring my family to US
who are on L2 visa).

1) If USCIS approves my H1B with COS (change of status) before 26th April, do I need to go for
visa stamping in India before I return?

2) What are the best options to make a trip to India (which is must for me) without attending
Visa stamping in India in April?

Thanks in advance for clarifying.

[shervin143]

1) If USCIS approves my H1B with COS (change of status) before 26th April, do I need to go for
visa stamping in India before I return?
>>> It is never advisable to leave the country when the H1B petition is filed and pending with USCIS. If you leave, then plan to return back after Oct 1st after getting a valid H1B visa stamped. Oterwise, return back from your vacation in L1 and then file the extension. If you file a COS from L1 to H1B and leave the country, the COS will get declined and in oredr to work in H1B status, you should leave the ocuntry and return back in H1B visa. On the other hand, if the COS gets approved by mistake, you will end up on a status confusion. You will never know whether the status actually chnaged to H1B as of Oct 1st or not as you left the country inbetween while the petition was getting processed.

2) What are the best options to make a trip to India (which is must for me) without attending
Visa stamping in India in April?
>>> Read the above answer. Return back in L1 and then file the COS to H1B. I don't believe the the CAP will get closed by the time you return back.

[ranjitbsingh]

Visiting Mexico from USA clarification

Dear sir/madam

I have USA visa stamped expiration date as 25 April 2012 but I-94 form date of arrival is Apr 16 2012

and departure date by 14 Oct 2012.

I am an Indian passport holder. I want to visit Mexico in July 2012 for a week.

I seek clarification whether legally I can visit and again enter USA.

Thanks

RBSingh

[raghvi]

Visiting Mexico from USA clarification

As you are planning to visit only for a week , you should be able to re-enter based on your I-94 under Automatic Revalidation. There are certain conditions to be met though.



If still in doubt do consult and immigration attorney.

In future, please start a new thread for a new query.