L1 to H1 visa conversion - Please help

[devspace]

Hi
I am currently in L1 visa for the past 5 years and my company has applied for H1 B which will get effective October 2014. My question is, can I leave USA once my L1 to H1 conversion petition is approved and return to USA by 2015 March or April using the same approved H1 petition getting it stamped in my home country India ? In other words what would be the appropriate time frame I can leave USA during my L1 to H1 conversion after my petition approval which will not cause any issues to my return to USA in H1 ?

Also how long will it take for L1b to H1 conversion to take place and would it fall under cap ?

Appreciate your help.

[raghvi]

Hi
I am currently in L1 visa for the past 5 years and my company has applied for H1 B which will get effective October 2014. My question is, can I leave USA once my L1 to H1 conversion petition is approved and return to USA by 2015 March or April using the same approved H1 petition getting it stamped in my home country India ? In other words what would be the appropriate time frame I can leave USA during my L1 to H1 conversion after my petition approval which will not cause any issues to my return to USA in H1 ?

Also how long will it take for L1b to H1 conversion to take place and would it fall under cap ?

Appreciate your help.

Technically there is no "conversion". What your employer is requesting is Changing your Status from L1 to H1. The H1 employment, even if with the same employer can only start from 01-Oct-2014 or later.

Is your L1A or L1B? I am assuming L1A, as you cannot stay beyond 5th Year on L1B.

This is my opinion not legal advice.

[devspace]

Technically there is no "conversion". What your employer is requesting is Changing your Status from L1 to H1. The H1 employment, even if with the same employer can only start from 01-Oct-2014 or later.

Is your L1A or L1B? I am assuming L1A, as you cannot stay beyond 5th Year on L1B.

This is my opinion not legal advice.

Sorry for the confusion. My L1B is maxing out by November 2014 which marks the 5 years completion.

Also , will my L1B to H1B conversion be part of the H1B cap or will it be excluded from cap ?

[raghvi]

Sorry for the confusion. My L1B is maxing out by November 2014 which marks the 5 years completion.

Also , will my L1B to H1B conversion be part of the H1B cap or will it be excluded from cap ?

Your H1 would be part of cap like any other new H1s filed between 01-Apr-2014 - 07-Apr-2014. And if properly filed, it will be subject to the lottery announced by USCIS.

L1+H1 Max stay can be for 6 Years. So in most probability you would get H1 for only a Year, and if GC is filed timely you can request extensions thereof.

Going back to you original question of leaving US. If you are planning to go for H1 Stamping then you can leave anytime but the earliest you can return on H1 (if stamped successfully) is Sep 20th. And the earliest, you can work on that H1 is 01-Oct-2014.

This is my opinion not legal advice.