L1 and H1 change of status

[krb]

I searched all forum but I didn't find similar case and clear answer. Request senior members for kind advise.

My situation is : My L1 to H1 with COS is still in process( Initial review). I need to go to India in September. I wanted to know my legal status in following scenario:
My L1 is valid for next 2 yrs.

1) If I go India in September and come back to US in September on L1 with new I-94. If in the mean time (while I was out of US) my H1 with COS get approved, what will me my status after October 1st ? L1 or H1B ?

2) If I come back to US after October 1st on L1 with new I-94 but still my H1 with COS status is in 'initial review'. If I get approval in say in November or December. Will it change my status from L1 to H1 on date of approval or I need to go for COS again as my I-94 got changed due to my travel.

[raghvi]

I searched all forum but I didn't find similar case and clear answer. Request senior members for kind advise.

My situation is : My L1 to H1 with COS is still in process( Initial review). I need to go to India in September. I wanted to know my legal status in following scenario:
My L1 is valid for next 2 yrs.

1) If I go India in September and come back to US in September on L1 with new I-94. If in the mean time (while I was out of US) my H1 with COS get approved, what will me my status after October 1st ? L1 or H1B ?

2) If I come back to US after October 1st on L1 with new I-94 but still my H1 with COS status is in 'initial review'. If I get approval in say in November or December. Will it change my status from L1 to H1 on date of approval or I need to go for COS again as my I-94 got changed due to my travel.

1. If COS to gets approved before you leave US and you re enter on L1 before COS start date then from h1 start date you would automatically move to H1. One doesnt have any immigrant status while outside US so COS is considered abandoned if you leave while COS is pending. So even if COS gets approved while you were out of US, its of no use. You would still need a visa to re enter US and if you use the L1B then in order to move to H1 you would need to re apply for a L1 to H1 using the approved petition or instead of entering US on L1B you can go to US consulate get H1 stamped and enter on H1 to get onto H1 status.

2. As you left while COS was pending it implies you are abandoning the COS. In such a scenario the COS to H1 petition most likely gets approved as consular processing and in order to move to H1 you have to file a L1 to H1 COS again.

Strictly speaking USCIS doesnt have clear law with respect to various permutation and combination associated with International travel during COS and they have only provided certain guidance which are not a regulation per se.

In such circumstances it is best to avoid travel and if indeed one needs to travel then either get H1 stamping done and re enter on h1 if you want to work with H1 employer or enter on L1 and file a L1 to H1 COS again to work with H1 employer. Also, Why not avoid all the confusion and upgrade the H1 request to premium so that you can plan in advance?

This is my opinion not legal advice.

[krb]

Thank you very much Raghvi for time and advise. This is really great help.

1. If COS to gets approved before you leave US and you re enter on L1 before COS start date then from h1 start date you would automatically move to H1. One doesnt have any immigrant status while outside US so COS is considered abandoned if you leave while COS is pending. So even if COS gets approved while you were out of US, its of no use. You would still need a visa to re enter US and if you use the L1B then in order to move to H1 you would need to re apply for a L1 to H1 using the approved petition or instead of entering US on L1B you can go to US consulate get H1 stamped and enter on H1 to get onto H1 status.

2. As you left while COS was pending it implies you are abandoning the COS. In such a scenario the COS to H1 petition most likely gets approved as consular processing and in order to move to H1 you have to file a L1 to H1 COS again.

Strictly speaking USCIS doesnt have clear law with respect to various permutation and combination associated with International travel during COS and they have only provided certain guidance which are not a regulation per se.

In such circumstances it is best to avoid travel and if indeed one needs to travel then either get H1 stamping done and re enter on h1 if you want to work with H1 employer or enter on L1 and file a L1 to H1 COS again to work with H1 employer. Also, Why not avoid all the confusion and upgrade the H1 request to premium so that you can plan in advance?

This is my opinion not legal advice.