L1 approved & H1 applied

[Smuzamil]

I would appreciate for your quick response and help.


My L1B just got approved. My employer had already applied for H1 and I dont know yet if that was picked up by lottery.
I may have to leave to US on my L1 in June first week. In case if my H1 get selected. What should I do ?

Do I need to come back for my H1 stamping immediately or I can wait until I come back next early year ?

Thanks
SM

[raghvi]

I would appreciate for your quick response and help.


My L1B just got approved. My employer had already applied for H1 and I dont know yet if that was picked up by lottery.
I may have to leave to US on my L1 in June first week. In case if my H1 get selected. What should I do ?

Do I need to come back for my H1 stamping immediately or I can wait until I come back next early year ?

Thanks
SM

It depends when you want to move to H1.

As your H1 was filed while you were outside US it is processed as consular process. Provided, you have got through lottery and H1 approved, ff you want to move to H1 in Oct your company would have to file a Change of Status from L1 to H1 as you would be in US on L1 status. OR you can return and go for H1 stamping and re enter US on H1.

If you dont want to move to H1, you can continue to work on L1. the H1 cap exemption will be valid for 6 Years so you can probably plan to move to H1 later on instead of applying L1 extension.

This is my opinion not legal advice.

[Smuzamil]

It depends when you want to move to H1.

As your H1 was filed while you were outside US it is processed as consular process. Provided, you have got through lottery and H1 approved, ff you want to move to H1 in Oct your company would have to file a Change of Status from L1 to H1 as you would be in US on L1 status. OR you can return and go for H1 stamping and re enter US on H1.

If you dont want to move to H1, you can continue to work on L1. the H1 cap exemption will be valid for 6 Years so you can probably plan to move to H1 later on instead of applying L1 extension.

This is my opinion not legal advice.

Thanks for your reply Raghvi. So If I dont come back from US for next one year while I am working there on L1. Can I get my H1 stamp back in india anytime in next 6 years .... I mean is there any time limit ????

[raghvi]

Once cap counted you would be cap exempt for next 6 Years.

This is my opinion not legal advice.