L1 to H1B transfer - real doubts

[rocket13]

Hi,
need your expert advice. I am planning to apply L1 to H1 (with COS) transfer under CAP this year. if I have to leave US while my H1B is pending for approval, how I can enter US with H1B status?
i) what will happen with my H1B application?
ii) do I need to apply for H1B from scratch (in CAP) again? or just need to go for stamping with the approved petition, before entering US?
iii) how long it normally takes in stamping from India, is there any risk in that process?
iv) is there any chance/possibility that my employer can withdraw/revoke my H1B application in that case?

Please advise

[raghvi]

Hi,
need your expert advice. I am planning to apply L1 to H1 (with COS) transfer under CAP this year. if I have to leave US while my H1B is pending for approval, how I can enter US with H1B status?
i) what will happen with my H1B application?
ii) do I need to apply for H1B from scratch (in CAP) again? or just need to go for stamping with the approved petition, before entering US?
iii) how long it normally takes in stamping from India, is there any risk in that process?
iv) is there any chance/possibility that my employer can withdraw/revoke my H1B application in that case?

Please advise

Is L1 and H1 employer same? Will H1 be filed as Consular Process or COS?

1. It will be processed normally, but a COS would most likely be denied.
2. If approved as consular you would need to go for stamping while outside US. Or apply a L1 to H1 COS again, if you enter US on your L1 visa.
3. Fresh H1 can start only from 01-Oct-2015 so if your petition is approved, the earliest you can go for stamping is Aug 2015. Risks are always there, such as, H1 lottery result, H1 petition approved only in Oct/Nov, Employer not providing you petition details, and of course visa interview rejection due to non availability of project/client documents.
4. Employer can withdraw it any time. Do you have a reason to believe they may do so? Are they aware of your travel plan?

This is my opinion not legal advice.