L1B to H1B COS

[lekkerbek]

Hi,

I am a French national working in Seattle on an L1B. My company recently filed for my H1B and got it approved through the lottery (2014 general quota). The petition was filed as a COS. My company is now asking me to go to Australia on a business trip in September. My period of travel will be Sept 4 to Sept 12th for a week. Since I still have my L1B valid (till Jan 2015), can I come back on Sep 12th on L1B and just wait for Oct 1 for COS to happen?

Alternatively, can I get my H1B stamped in Sydney around Sept 8th? What status will I enter the U.S. on if I land on Sept 12th? This is my first H1B? Can someone tell me if I can get it stamped in Australia or do I have to go to my home country, France?

Thanks!

[raghvi]

Hi,

I am a French national working in Seattle on an L1B. My company recently filed for my H1B and got it approved through the lottery (2014 general quota). The petition was filed as a COS. My company is now asking me to go to Australia on a business trip in September. My period of travel will be Sept 4 to Sept 12th for a week. Since I still have my L1B valid (till Jan 2015), can I come back on Sep 12th on L1B and just wait for Oct 1 for COS to happen?

Alternatively, can I get my H1B stamped in Sydney around Sept 8th? What status will I enter the U.S. on if I land on Sept 12th? This is my first H1B? Can someone tell me if I can get it stamped in Australia or do I have to go to my home country, France?

Thanks!

As long as the H1 petition is approved before your slated travel it would be fine. Lets say you get the H1 petition approved with a new I-94 before 04-Sep-2014, you can travel on 04-Sep-2014, return on L1 on 12-Sep-2014, and would automatically move to H1 status from 01-Oct-2014.

Do check with local Australian embassy if they would accept you H1 visa application while in Australia. Even if they do, and you end up having successful H1 stamping, the earliest you can come back to US on H1 is 21-Sep-2014. And the earliest you can work on H1 is 01-Oct-2014.

This is my opinion not lgal advice.