H1B Consular processing and L1

[Chiranjeevi]

Right now, I am on L1B and I have another 2 years validity on that visa. To be safe.I would like to file for H1B under consular processing.I dont want to go for COS, as I want to continue to work for my L1 company as long as I wish or my company wishes.

1.When I actually want to move on to some other company may be next year, what are the ways to move to H1B status fem L1B? I heard of either going back to India and get it stamped with the offer letter of the company that you are going to join (or) ask your new company to file COS under premium processing so that you don't actually need to go to India during that time.

2.Meanwhile while I am on L1B and I want to travel to India post Oct 1st on personal reasons, then can I reenter again on L1B or is it mandatory to move to H1B to re-enter.

Thanks for your time.

[raghvi]

Right now, I am on L1B and I have another 2 years validity on that visa. To be safe.I would like to file for H1B under consular processing.I dont want to go for COS, as I want to continue to work for my L1 company as long as I wish or my company wishes.

1.When I actually want to move on to some other company may be next year, what are the ways to move to H1B status fem L1B? I heard of either going back to India and get it stamped with the offer letter of the company that you are going to join (or) ask your new company to file COS under premium processing so that you don't actually need to go to India during that time.

2.Meanwhile while I am on L1B and I want to travel to India post Oct 1st on personal reasons, then can I reenter again on L1B or is it mandatory to move to H1B to re-enter.

Thanks for your time.

1. Yes those are the two options, either leave US, attend visa stamping with the petition of the employer OR ask them to file a COS. Remember, merely offer letter is not enough, the next employer should have an approved petition too.
2. No its not mandatory to move to H1B, if you want to re enter on L1B you can as long as you have valid L1B in passport.

This is my opinion not legal advice.

[Chiranjeevi]

Thanks Raghvi for the response.

So, Having understood my situation, I hope, I am thinking in right direction of applying H1B in consular process so that I have flexibility to come out of my L1 company when I really want to.
So, one consultancy has agreed to file for me on consular process with some extra bucks. Hope, as long as they get the proper client letter while filing petition, I don't think, there will be any problem in getting it approved via CP.

Please share your thoughts...

[raghvi]

Thanks Raghvi for the response.

So, Having understood my situation, I hope, I am thinking in right direction of applying H1B in consular process so that I have flexibility to come out of my L1 company when I really want to.
So, one consultancy has agreed to file for me on consular process with some extra bucks. Hope, as long as they get the proper client letter while filing petition, I don't think, there will be any problem in getting it approved via CP.

Please share your thoughts...

It is illegal for the consultancy to ask to pay...but we all know it happens. If they are asking you to pay, I would be double careful in assuming that they would be able to provide adequate work/client details.

This is my opinion not legal advice.