L1-H1B , Change of Status vs Consular Notification?

[friendsforlife2921]

Hello,

Currently I hold L1 visa valid until June 2015 (5yrs). My employers law firm have started to process change of status from L1 to H1 which would be active from oct 2014.

Since we plan to travel to India this June 2014 and returning on aug 2014, I have been asked to decide among the following options

1. "Change of Status" (Per my law firm I cannot travel)
2. "Change of Status" Premium Processing (processing time 3-4 weeks) - Can travel If I get the results before i travel
3. Consular Notification - If approved I need to visit my home country for visa stamping

Based on your experience, can you please suggest few options which can help me decide given that my L1 is expiring on June 2015 and my travel plans this summer to India ?


Thanks

[raghvi]

Hello,

Currently I hold L1 visa valid until June 2015 (5yrs). My employers law firm have started to process change of status from L1 to H1 which would be active from oct 2014.

Since we plan to travel to India this June 2014 and returning on aug 2014, I have been asked to decide among the following options

1. "Change of Status" (Per my law firm I cannot travel)
2. "Change of Status" Premium Processing (processing time 3-4 weeks) - Can travel If I get the results before i travel
3. Consular Notification - If approved I need to visit my home country for visa stamping

Based on your experience, can you please suggest few options which can help me decide given that my L1 is expiring on June 2015 and my travel plans this summer to India ?


Thanks

Please don't post similar questions again and again. If required, please continue on the earlier post.

http://www.immihelp.com/forum/showthread.php/118678-H1-L1-Change-of-Status-(Premium-vs-Regular-processing)?p=321107#post321107

Any particular reason why you would want to move to H1 in 2014 when you have a L1 till 2015?

If you travel while a COS is pending it is considered abandoned. But the H1 petition can still be approved, it would most probably be approved as consular process.
There is no guarantee that the results will come in by June 2014, in 2013 some premium category folks got H1 approved in Jul/Aug or even later.
A consular [petition can be also be converted to COS later on.

As you have a valid L1 till 2015, I don't see much risk.

This is my opinion not legal advice.

[friendsforlife2921]

Hi,

Thanks for your response.

At this point, I believe consular petition would be a viable option in my case.

1. Can you please let me know If I need to travel to my home country or can i go to a place like Canada for Consular petition?
2. How long does this take for processing and what are the risks if any?
3. My L1 is expiring on June 2015. Do I have to travel out of US within this expiration date or is there a duration within which I need to travel out of the US for the consular notification.

Thanks

[raghvi]

1. I believe you can go to neighboring country.If your education evaluation is complicated then it may be difficult to do so at a neighboring country.
2. I am assuming another lottery this year too.So additional delays. First priority is US Masters and Premium, then US Masters and Regular , then Normal Cap and premium and last is normal cap normal processing with time ranging from 1 Month to 6 Months or beyond depending upon the layers.
3. Didnt get the exact question, H1 and L1 are independent off each other. At the same time you can only be on H1 or on L1. You can work and enter US till June 2015 on L1. Post 2015, it would depend upon the L1 I-94 you have in had at that time, if it is expiring, leave US, and re enter with H1. If you do consular Consular notification would be valid till petition date Also, L1+H1 Max allows for 6 Years stay in US so all your time spent on L1 will be deducted from 6 Years while giving you the H1.

This is my opinion not legal advice.

[vg_india]

Please share your experience.

Hi,

Thanks for your response.

At this point, I believe consular petition would be a viable option in my case.

1. Can you please let me know If I need to travel to my home country or can i go to a place like Canada for Consular petition?
2. How long does this take for processing and what are the risks if any?
3. My L1 is expiring on June 2015. Do I have to travel out of US within this expiration date or is there a duration within which I need to travel out of the US for the consular notification.

Thanks

Please share what your final experience was. In the same situation so would like to know.