L1 - H1 COS Clarification

[Karthikeyanit]

Hi,

I am currently on L1 visa for Company A valid till jan 2015. I got a offer from other company B for L1-H1 Cos. Company B applied for L1-H1 Cos in regular processing.And the B Company asked me if i have any plans to visit india before October 2014. At that the time i don't have any plans. Currently got into a situation to visit India in may,however i need to get stamped for L1(L1 Approved petition) to get into US in may. I am really confused how to proceed.

1) Will there be a problem or question being asked about L1-H1 Cos in Consulate while going for L1 Stamping ?
2) if i go out of country, will only L1-H1 Cos gets denied or H1 itself get denied ?
3) If i come back in may before my application gets picked up for processing, does l1-h1 will go through ?

Thanks in advance for your time.

[raghvi]

Hi,

I am currently on L1 visa for Company A valid till jan 2015. I got a offer from other company B for L1-H1 Cos. Company B applied for L1-H1 Cos in regular processing.And the B Company asked me if i have any plans to visit india before October 2014. At that the time i don't have any plans. Currently got into a situation to visit India in may,however i need to get stamped for L1(L1 Approved petition) to get into US in may. I am really confused how to proceed.

1) Will there be a problem or question being asked about L1-H1 Cos in Consulate while going for L1 Stamping ?
2) if i go out of country, will only L1-H1 Cos gets denied or H1 itself get denied ?
3) If i come back in may before my application gets picked up for processing, does l1-h1 will go through ?

Thanks in advance for your time.

1. Dont think so.
2. Its generally only the COS that gets denied, the petition may still go through based on its merit.
3. As per rule, the COS should get denied, but sometimes the delay in information flow from various agencies can cause confusion and the COS may still get approved, but could cause confusion in the longer run when they re visit your records for GC purposes.

I would say if you can avoid travel till H1 is approved do so.

This is my opinion not legal advice.