L1B to H1B - Same Company

[whoknows]

Hi All,

This is the first time I am writing in this forum.

I have a particular case where I am working in US for Company A on L1B. My family is here on L2. I will be completing my 5 years of L1B early next year. My company wants me to continue here and is preparing to apply for a greencard. In the meantime, they are planning to switch me from L1B to H1B and will apply for H1B COS this April so that I can continue to stay in US after completing 5 yrs with L1B.

I read quite a few articles in this forum on L1 to H1 conversions and visa stampings associated with them.

I have a few questions:

(1) Though I continue to work for the same Company A, what are the implications to the L1B (say from October) if my H1B is approved by then?
(2) International Travel: If I travel outside US while my H1B is being processed, will that void the application? If I travel to Canada (by road - though it is still outside US), will it be the same? In short, what are the possibilities of travelling outside US?
(3) My wife is on L2 and has EAD. Will the EAD be still valid after my H1B is approved (my family will be applying for H4 at the same time)?
(4) If my H1B is approved starting on Oct-2008, can I still travel using my L1B before October and come back to US?
(5) What are the possibilities of getting my Visa stamping done in Canada? Any specific suggestion on location?

Thanks in advance to all who provide me with assistance.

[Subramanya]

L1 and H1

This is the first time I am writing in this forum.

I have a particular case where I am working in US for Company A on L1B. My family is here on L2. I will be completing my 5 years of L1B early next year. My company wants me to continue here and is preparing to apply for a greencard. In the meantime, they are planning to switch me from L1B to H1B and will apply for H1B COS this April so that I can continue to stay in US after completing 5 yrs with L1B.

I read quite a few articles in this forum on L1 to H1 conversions and visa stampings associated with them.


(1) Though I continue to work for the same Company A, what are the implications to the L1B (say from October) if my H1B is approved by then?

---- If you have aplied for H1 and if it is approved, you may want to join as H1 holder. There are no implications in this matter

(2) International Travel: If I travel outside US while my H1B is being processed, will that void the application?

---- Yes, your application will be considered as being abandoned

If I travel to Canada (by road - though it is still outside US), will it be the same? In short, what are the possibilities of travelling outside US?

---- Traveling by road to Canada is a different issue. Ensure that you do not submit the I-94 card to the immigration authorities (although they are not expected to take it). Canada being outside is correct but there are rules governing travel to Canada and Mexico

(3) My wife is on L2 and has EAD. Will the EAD be still valid after my H1B is approved (my family will be applying for H4 at the same time)?

---- No, if the EAD from L2 has to be retained then you have to be on L1

(4) If my H1B is approved starting on Oct-2008, can I still travel using my L1B before October and come back to US?

---- Yes, you can. But you have to get your H1 stamped when are outside the country. While returning to the US at the POE you have to declare your intentions of working on L1 or H1 and the get the I-94 accordingly

(5) What are the possibilities of getting my Visa stamping done in Canada? Any specific suggestion on location?

---- You have to chance your arm and try it yourself. No amount of advice will do any good to you. Everybody can at best speculate and nothing further than that

Subramanya

[whoknows]

Thanks for your response

Thanks a lot - Subramanya.

These were the useful information I was looking forward to. I will keep updating the thread as days go by based on how things go with me.

Appreciate your help.
Warm regards.

[fatboysam]

I am also in a similar situation....the information in this thread is really useful.. but i am not clear about point number 2...

In what scenario,,,,H1B application will be void....

"ternational Travel: If I travel outside US while my H1B is being processed, will that void the application? "


Thanks