Travel to India during the process of COS L1b to H1b

[jnvbhargav]

Hi All,

Currently I am in US with valid I-94(I-94 Valid till sep 2014).My L1B Visa already Expired on 15 Dec 2012. My company is filing COS L1b to H1b and I want to travel India in Mid of May for my marriage.

My Concerns are :

1. Can i travel to India in May during the process of COS L1b to H1b and return US in OCT after my visa approval ??
2. If i go for Premium processing what are the chances to get the Visa status by Mid of May??
3. What are the Other possibilities for me to travel in May and return with H1 ??
4. Is it makes difference if i go for New H1b visa instead of COS L1b to H1b ??
5. Can i process both L1b extension and H1b at the same time ??

Please clarify my concerns .

Thanks in advance.

[raghvi]

Hi All,

Currently I am in US with valid I-94(I-94 Valid till sep 2014).My L1B Visa already Expired on 15 Dec 2012. My company is filing COS L1b to H1b and I want to travel India in Mid of May for my marriage.

My Concerns are :

1. Can i travel to India in May during the process of COS L1b to H1b and return US in OCT after my visa approval ??
2. If i go for Premium processing what are the chances to get the Visa status by Mid of May??
3. What are the Other possibilities for me to travel in May and return with H1 ??
4. Is it makes difference if i go for New H1b visa instead of COS L1b to H1b ??
5. Can i process both L1b extension and H1b at the same time ??

Please clarify my concerns .

Thanks in advance.

1. Advisable not to.
2. No one can predict.
3. As said avoid or travel back with H1 stamping on orafter 01-Oct-2013.
4.No. COS doesnt make sense if you apply for it and then leave US.
5. Yes you can but read last action rule to understand the implications.

There are ample posts on L1 to H1 conversion which discuss situation similar to yours. In you case you desire multiple things which makes the case complicated .Its very difficult to get a successful extension when L1 expired + new H1 from 01-OCt-2013 (without stamping) + travel in between + trying to return to US before 01-Oct-2013 as all are rleated to one another.

This is my opinion not legal advice.

[jnvbhargav]

Hi raghvi,

Thanks much for your reply.

As my travel situation is unavoidable.

If i plan to file a COS L1b to H1b with premium process ...Hope if All is well i may rcv some status by May mid else i will travel in May and wait for Visa approval and renter after stamping on or after OCT1st

Here by big doubt is if I travel during Mid May during COS L1b to H1b with premium process does my processing will become Void/Invalid ?? Or it will be valid and wait for approval to re enter on H1 after OCT 1st ?

Kindly please let me know your thought on this...

[raghvi]

Hi raghvi,

Thanks much for your reply.

As my travel situation is unavoidable.

If i plan to file a COS L1b to H1b with premium process ...Hope if All is well i may rcv some status by May mid else i will travel in May and wait for Visa approval and renter after stamping on or after OCT1st

Here by big doubt is if I travel during Mid May during COS L1b to H1b with premium process does my processing will become Void/Invalid ?? Or it will be valid and wait for approval to re enter on H1 after OCT 1st ?

Kindly please let me know your thought on this...

If you are planning to travel and return only after getting H1 stamp then it doesn't make sense to do a COS. COS is done when you have an active Status (L1, H1, L2, H4 etc.) while in US, and you want do Change your Status to another category such as L2, H1, H4 , L1 etc. When you are outside US you don't have an immigrant status hence no point of a COS. Instead of COS you should apply H1 as consular processing and then subsequently get H1 stamped and return around H1 start date.

This is my opinion not legal advice.

[jnvbhargav]

Thanks for providing your inputs , I will check with my Visa team and request them to file a Fresh H1 instead of COS L1b to H1b so that i can travel in Mid of May and return after H1 approval.