Travel during processing of H1 from L1 visa

[arjunshynesh]

I am working with Company X on L1 visa and another Company Y processing H1B for the cap on COS by this April 2015. On normal processing i got RFE and my company have responded for that by sep 2 and USCIS have recieved it. But till oct 16 nothing is changed and now my company is doing PREMIUM PROCESS. Now i have to travel india urgently by oct 31

1. what will happen for my H1 Processing if i travel.
2. will the COS will automatically change to CONSULAR process if i travel.
3. is there any chance for rejection or deney if COS is changed to CONSULAR process or i travel to india during processing




will appreciate response; its uregnt

[raghvi]

I am working with Company X on L1 visa and another Company Y processing H1B for the cap on COS by this April 2015. On normal processing i got RFE and my company have responded for that by sep 2 and USCIS have recieved it. But till oct 16 nothing is changed and now my company is doing PREMIUM PROCESS. Now i have to travel india urgently by oct 31

1. what will happen for my H1 Processing if i travel.
2. will the COS will automatically change to CONSULAR process if i travel.
3. is there any chance for rejection or deney if COS is changed to CONSULAR process or i travel to india during processing




will appreciate response; its uregnt

1. Cant say for sure as there is still time between now and your exit. If approval comes before your travel, you should start working with Y immediately. If approval comes after your exit, it may still come with COS approved, but it doesnt matter as you would have left US and in order to return to work for Y, you would first need to get H1 stamping done. If you return to work for X employer, Y would have to refile the COS but the petition would be cap exempt.
2. Not necessarily. But it does not matter when you are outside US.
3. Petition would not rejected if COS is denied, petition gets rejected if employer-employee relationship is not clearly established, or USCIS finds something wrong with the employer/employee.

This is my opinion not legal advice.

[arjunshynesh]

Thanks Ragavi;

1. Cant say for sure as there is still time between now and your exit. If approval comes before your travel, you should start working with Y immediately. If approval comes after your exit, it may still come with COS approved, but it doesnt matter as you would have left US and in order to return to work for Y, you would first need to get H1 stamping done. If you return to work for X employer, Y would have to refile the COS but the petition would be cap exempt.
2. Not necessarily. But it does not matter when you are outside US.
3. Petition would not rejected if COS is denied, petition gets rejected if employer-employee relationship is not clearly established, or USCIS finds something wrong with the employer/employee.

This is my opinion not legal advice.

BUt my H1 visa got denied Can my visa can be appealed by another employer

[raghvi]

BUt my H1 visa got denied Can my visa can be appealed by another employer

Visa, petition, COS are different things.

What got denied? Petition or COS?

Visa denial can only happen at a US consulate outside US.

If petition itself got denied then you are not considered cap counted and only current petitioner can appeal.

If COS got denied then you continue to remain in L1 till L1 is valid and in order to move to H1 you will either have to refile the COS or go outside US and return back after getting H1 stamping.

This is my opinion not legal advice.