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L1 to H1 not COS

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  • L1 to H1 not COS

    I read the recent posts in this forum reg L1 to H1 COS and the issues related to it. My case is little bit different. I was on L1 with company A but I left US in March 08 to India. However before I left company B sponsored my H1 (as a fresh petition and not COS since I was not in US at the time of filing on April 1) and it got selected in the lottery. Now my questions are
    1. Can I travel back to US with my L1 visa? My L1 petition is still valid but my visa has expired. So I've to get my L1 stamped if I want to travel in that visa. If I can get stamped and travel, when can I do so?
    2. Also what happens to my H1 if I travel in L1. Should I have to mandatorarily work for company B after Oct 1 (if I travel before that time) or whenever I travel after Oct 1.
    3. If option 1 is possible, then will it be a easy procedure to transfer my L1 to H1 in case I decide to work for company B or C for that matter.

    Thanks for your assitance.

  • #2
    1. You cannot just travel on L1 without a job available in the US. If you have a L1 job, then you sure can.
    2. H1 remains just like that. If you travel on L1, you cannot work on H1b. You have to get a COS approved before you can work on H1b and once approved, you can no longer work for L1 employer.
    3. No easy procedure. It is the standard COS procedure.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.