Kindly help - thinking of applying H1 this year

[bkoolguy]

Hello,

Please advise me.

I am working for company A on L1 visa and my petition and visa/I-94 is expiring on May 29, 2008. My Company A is sending me back to India by April first week and applying for a fresh petition and new L1 visa so I would be getting back by May into US. I was thinking of doing H1 this year. I was planning of applying L1 to H1 transfer from Company B. So my questions here:

1) Is it legal to apply H1 ( either Fresh H1 or L1-H1 transfer from Company B) this time and travel to India?
2) Will it be legal to submit my current petition for L1-H1 transfer to Company C because I will be returning back to US with new petition and new visa which again will be invalid?
3) Do you advise me to do Fresh H1 in case I need not submit my details but I would need to go to India for my visa approval?

I would really wish to get advise from you as this is so critical to decide. Thanks a lot.

[GreatGuru]

xx

Hello,

Please advise me.

I am working for company A on L1 visa and my petition and visa/I-94 is expiring on May 29, 2008. My Company A is sending me back to India by April first week and applying for a fresh petition [ why? , your L1 can be renewed] and new L1 visa so I would be getting back by May into US. I was thinking of doing H1 this year. I was planning of applying L1 to H1 transfer from Company B. So my questions here:

1) Is it legal to apply H1 ( either Fresh H1 or L1-H1 transfer from Company B) this time and travel to India? Your H1 first time is fresh one even it is a transfer from L1.

2) Will it be legal to submit my current petition for L1-H1 transfer to Company C because I will be returning back to US with new petition and new visa which again will be invalid?
If you are transfering from L1, your I 94 must be valid for the transfer.

3) Do you advise me to do Fresh H1 in case I need not submit my details but I would need to go to India for my visa approval?

Instead of transfering your L1, you can apply fresh h1 and go back to your home country for H1 stamping and you can start working with h1 from Oct 1, 2008.


I would really wish to get advise from you as this is so critical to decide. Thanks a lot.

[bkoolguy]

Thank You GreatGuru for the replies you gave.