L1 to H1B - COS get abandoned because of my Japan visiting while COS was pending

[bitmca]

I am on L1 with company A. In 2013 B company File my H1 and COS , but in aug/2013 I had to go to japan and come back to US on L1 while COS was pending. When I came to US I got my H1 RFE related to “education evaluation” and I heard my COS gets abandoned because of my Japan visiting.

Question:
1) As my COS is not valid in that case do i need to go for H1B Visa stamping?
2) If my H1B visa stamping get denied/rejected , in that case does my L1 visa get impacted?
3) Once my H1B approved, in that case can other company apply H1B transfer + COS to avoid "H1B visa interview"??

Please advice.

[raghvi]

I am on L1 with company A. In 2013 B company File my H1 and COS , but in aug/2013 I had to go to japan and come back to US on L1 while COS was pending. When I came to US I got my H1 RFE related to “education evaluation” and I heard my COS gets abandoned because of my Japan visiting.

Question:
1) As my COS is not valid in that case do i need to go for H1B Visa stamping?
2) If my H1B visa stamping get denied/rejected , in that case does my L1 visa get impacted?
3) Once my H1B approved, in that case can other company apply H1B transfer + COS to avoid "H1B visa interview"??

Please advice.

Did the petition eventually get approved as COS?

1. In order to work with Employer B either you can go for H1B stamping with B's approved petition or file another COS from L1 to H1.
2. May/May not depends upon the visa officer.
3. Yes possible, but USCIS would need valid reason to convert a consular process petition to COS and its at their discretion to do so or not.

This is my opinion not legal advice.

[bitmca]

No , petition is not yet approved as i got RFE.

No , petition is not yet approved as i got RFE.

Did the petition eventually get approved as COS?

1. In order to work with Employer B either you can go for H1B stamping with B's approved petition or file another COS from L1 to H1.
2. May/May not depends upon the visa officer.
3. Yes possible, but USCIS would need valid reason to convert a consular process petition to COS and its at their discretion to do so or not.

This is my opinion not legal advice.

[kabkaba]

Wait for the decision on the H1 petition.

If change of status gets denied, you can still stay in the US and work until L1 I-94 date.

If change of status gets approved, you can stay and work as per the new H1 I-94 that you will receive.