L1A to H1B - Few questions

[mathewrond]

Hi All,

I came to US in Aug 2012 and got my L1A visa extension approved till 2014. My company is now planning to move me back to India. I wanted to switch my employer and probably move to H1B. I have few questions below, could you please help me out?

1. My current company plans to move me to India in June 2013, if I apply for H1B without COS in April 2013, whould there be any issue? Since I may have travelled back to India by the time the approval came?

2. Do I need to be in the US when my H1B is filed and approved?

3. If I apply for H1B in April 2013 and get it approved by June 2013, can I switch my company while I am in the US? Do I need to apply for COS separately? or can I work with my new company only after Oct 1, 2013?

4. If I get my H1B with COS approval after I have travelled back to India, how do I proceed?

5. Should I apply with COS or without COS?

6. If the petition is approved in the US, will there be any issue getting the Visa stamped in India?

Thanks,

[raghvi]

Hi All,

I came to US in Aug 2012 and got my L1A visa extension approved till 2014. My company is now planning to move me back to India. I wanted to switch my employer and probably move to H1B. I have few questions below, could you please help me out?

1. My current company plans to move me to India in June 2013, if I apply for H1B without COS in April 2013, whould there be any issue? Since I may have travelled back to India by the time the approval came?

2. Do I need to be in the US when my H1B is filed and approved?

3. If I apply for H1B in April 2013 and get it approved by June 2013, can I switch my company while I am in the US? Do I need to apply for COS separately? or can I work with my new company only after Oct 1, 2013?

4. If I get my H1B with COS approval after I have travelled back to India, how do I proceed?

5. Should I apply with COS or without COS?

6. If the petition is approved in the US, will there be any issue getting the Visa stamped in India?

Thanks,

First thing first, if you are filing a fresh H1, you can only apply 01-April-2013 or later and your H1 start date can only be 01-Oct-2013 or later.

1. If you are planning or will have to to travel after 01-April-2013 and have plans of coming back to US on H1 then it doesnt make sense to file L1 to H1 as COS. You should file it as consular processing, get H1 stamped and return to work from the H1 start date which will be 01-Oct-2013 or later.

2. You can be anywhere , but as your company is asking you to leave US June 2013 you dont have any valid status to stay beyond June 2013 in US (unless of course you decide to shift to another visa such as B1/B2) to remain in valid status in US from June 2013 till 01-Oct-2013.

3. As mentioned earlier, if it fresh H1 you can work for the next company only from 01-Oct-2013.

4. Once you leave US , your COS request automatically abandoned as you are not in status while outside US hence no COS. and the H1 petition will get approved as consular processing. In that case you can get H1 stamping at a US consulate abroad.

5. Unless you can convince your current company to continue you on L1A till at least 01-Oct-2013 no use filing COS. As you dont have any employment in US between June 2013 till 01-Oct-2013 it doesnt make sense to do a COS, you should apply H1 as consular process, .

Another lengthy and risky option can be to do a L1A to B2 and subsequently B2 to H1 but that route is very risky and mostly gets denied first at L1A to B2 level and then at B2 to H1 level and companies also dont do it as it takes lot of legal fees.

6. As long as employee, employer and work are genuine I dont see why H1 stamping will be any issue.

This is my opinion not legal advice.