H1b COS FY 2016

[sudharsenr]

Hi,
Im in L1B at the moment and have been in the country for 5 years maxing the current visa on sep 6th 2015. My company (A) applied for a H1B (FY 2016) as COS and it was approved. i797 should be received any time now. Since the current visa is valid only till sep 6th, my company gave me two option.
File for extending my period of stay from sep 6th to sep 30th in US or arrange for my stamping outside USA.

Pls help clarify with the below please :
– Will i reenter with H1b? If yes, Is it possible to file for H1B transfer (To company B) even before oct 1st 2015?

– Are there risks of rejection with going for stamping before H1B takes effect? Im planning to travel in june or mid july for this.

Thanks,
Sud

[shervin143]

File for extending my period of stay from sep 6th to sep 30th in US or arrange for my stamping outside USA.
>>> I am not sure how you can apply for an L1B extension of stay as you are already completing 5 years on L1 as of September 6th.

Pls help clarify with the below please :
– Will i reenter with H1b? If yes, Is it possible to file for H1B transfer (To company B) even before oct 1st 2015?
>>> Possible.

– Are there risks of rejection with going for stamping before H1B takes effect?
>>> No. Even if the H1B visa gets approved early, you cannot travel to U.S in H1B visa immediately. You can tarvel only 10 days prior to the H1B effective date (post September 21st).

[sudharsenr]

Thanks for responding

File for extending my period of stay from sep 6th to sep 30th in US or arrange for my stamping outside USA.
>>> I am not sure how you can apply for an L1B extension of stay as you are already completing 5 years on L1 as of September 6th.

---> L1B is valid till sep 6 per i797 and i94. I was out of the country for 2 months in 2011 so using that to extend the stay here. In this case, will they use H1 for reentry or L1 visa?

Pls help clarify with the below please :
– Will i reenter with H1b? If yes, Is it possible to file for H1B transfer (To company B) even before oct 1st 2015?
>>> Possible.

---> Can you help with more details on how its possible please.

– Are there risks of rejection with going for stamping before H1B takes effect?
>>> No. Even if the H1B visa gets approved early, you cannot travel to U.S in H1B visa immediately. You can tarvel only 10 days prior to the H1B effective date (post September 21st).

---> Is this the case even if i have a valid L1 Visa during reentry with H1b stamping?

[shervin143]

I don't get what you are trying to ask. You will have only one valid visa in the passport. Either H1B or L1. When you go for H1B visa stamping, your L1 will be cancelled. So what exactly are you trying to ask?

---> Is this the case even if i have a valid L1 Visa during reentry with H1b stamping?