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  • L1B to H1B change of Status

    Hi,
    I am in US on L1B visa & my L1B visa is valid till Nov-2013, my existing employer have filed my L1B to H1B (I am not sure but it should be L1B to H1B change of Status) in this year quota and I am waiting for lottery result.
    Now due to some problem I will have to travel back to India in June-2013.
    My question is that –
    1) How this travel effect my L1B to H1B COS?
    2) On immihelp I have read that my COS will be void if I travel outside of US , is that true?
    3) Does it mean if I travel outside of US in my L1B to H1B COS period, I will not be eligible for this year H1B visa?

  • #2
    Originally posted by Vicky1978 View Post
    Hi,
    I am in US on L1B visa & my L1B visa is valid till Nov-2013, my existing employer have filed my L1B to H1B (I am not sure but it should be L1B to H1B change of Status) in this year quota and I am waiting for lottery result.
    Now due to some problem I will have to travel back to India in June-2013.
    My question is that –
    1) How this travel effect my L1B to H1B COS?
    2) On immihelp I have read that my COS will be void if I travel outside of US , is that true?
    3) Does it mean if I travel outside of US in my L1B to H1B COS period, I will not be eligible for this year H1B visa?
    1. COS is considered abandoned/not required when on travels outside US after applying for a COS.
    2. Yes
    3. If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering.

    As a side note, it might be a good idea to check with your employer/lawyer regarding the H1 receipt as I believe, most, if not all, of the advance degree, premium processing and regular processing folks have already received their receipts.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. COS is considered abandoned/not required when on travels outside US after applying for a COS.
      2. Yes
      3. If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering.

      As a side note, it might be a good idea to check with your employer/lawyer regarding the H1 receipt as I believe, most, if not all, of the advance degree, premium processing and regular processing folks have already received their receipts.

      This is my opinion not legal advice.


      Thanks a lot raghvi!!!

      as you said "If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering" what the meaning of "CAP EXEMPT" ?does it mean that I am not those 65000 Application ?

      Comment

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