L1B-->H1B Stamping prior to Start Date

[siddharthsethunathan]

Hi,

I am currently in the US on L1 visa with Company A which is valid till Jan 2010. I have been approved for H1B with Company B and the start date of my H1B on the I-797 is 1st October which came with a I-94.

I am going to India in September 1st week for my marriage. I would like to get the H1B stamping before I comeback so that I don't have to go for stamping whenever I go for a holiday after October 1st .

My I-797 came with a I-94 so in effect when I am in the country on September 30th I don't have to leave the country and get a stamping. Is my understanding correct?

Please let me know if I can go for my stamping 3 weeks in advance of my H1B start date say September 7th? and

1. Can I return to the US on L1B as it is valid till September 30th and my H1B kicks in only on October 1st. It is imperative that I come back on L1B because of my commitment to the present company and I need to give two weeks notice.

2. Will the consulate cancel my L1B when they stamp my H1B? If there is a risk involved in this then I would not go for the stamping now.

Based on some feedback or if anybody has faced a similar situation please let me know the best course of action.

Thanks,
Siddharth

[txh1b]

As your COS is approved, if you enter on Sep 30th on L1, you will automatically change to H1b on Oct 1st based on Efren Hernandez memo. It will be illegal to work on L1 past that date. Read more about "leap frog" on the forum.

You can go for H1b stamping but there is a chance that the L1 visa will be cancelled as you cannot work on L1 past Oct 1st unless you return on a L1 visa after the H1b kick in date of Oct 1st.

Consult a legal professional for more details.

[siddharthsethunathan]

I would like to clarify two things:

1. I want to come back on L1B which is still valid till September 30th. I want to come back on L1B because I need to give two weeks notice to my present employers. I am planning to come back from my holiday by September 12th.

2. From October 1st I will work for my new company.

The reason I want to finish my H1B stamping now is because I am going for my wedding and I can take my wife for H4B too so that she can join me at the earliest some time in October 2nd week.

My only concern is when I go for my H1B stamping they shouldn't cancel my present L1B which is still valid till September 30th

Thanks,
Siddharth

[txh1b]

You can go for the visa stamping and make it clear to the VO that you were going to work on L1 until Sept 30th and resign and switch over to H1b and need the visa to be valid.

[siddharthsethunathan]

Thanks for your answer, I really appreciate it.

Sorry to bug you but just a couple of more questions

1. If the VO doesn't accept, can I just say that I don't want the stamping now. Is it a good thing to do? It is very vital that I come back and serve that two weeks notice in my present company?

2. If the VO accepts my request, would there be a chance that the back room staff at the consulate mess it up and cancel my L1 by mistake?



Thanks,
Siddharth

[txh1b]

Now you are asking for predictions based on your what-if scenarios. Your spouse cannot get a H4 stamp without you really being/intend to be on H1. The scenarios you are asking for are not normal as you want to say that you intend to be on L1 and your wife appearing for a H4 along with your H1b.

My suggestion, return on L1, once you get back on H1b status, let the spouse attend the visa for which she qualifies for.

Talk to your lawyer for what they want you to do.

[siddharthsethunathan]

Hi,

Sorry, I had no intention of confusing you. I want to clarify

1. I don't want this stamping to mess up my L1B till September 30th as planned. I intend to take up my new job from October 1st and I have no intention of breaking the law.

2. The reason I wanted to go for stamping in September was to ensure my wife gets her H4B too and she could join in October second week.

3. If my wife goes for H4B alone, she would need my H1B stamping on my passport and which I won't have as I would have automatically moved to my new job on October 1st. As you might be aware the spouse's visa stamping on the passport is one of the document requirements for H4B. This is the reason I want to get an early stamping.

I hope this clarifies my situation. I am grateful for your advice. Let me know what you feel

Thanks,
Siddharth

[txh1b]

H1b stamping on your passport is NOT a requirement for a H4 to get a visa. there is no H4-B visa, it is just H4.

You need to talk to a lawyer about the return on L1 and change over to H1b COS. Why can't your spouse go for a visa after Oct 1st?

When are you returning and when are you giving the two week notice? The earliest based on your post is for you to give a notice the week of the 14th in September to begin work from Oct 1st.

[siddharthsethunathan]

Hi,

1. I am returning on September 12th and will give 2 weeks notice starting from that day which will take me till September end and then I will take up the new assignment.

2. Regarding Visa stamping for H4,
"Photocopy of the Principal Applicant’s valid visa (if applying separately)."

In my case I won't have the above as I am here in the US when the COS happens and legally there's nothing wrong with it. My only concern is when my wife goes alone they might not understand it and also she would need to take two pay stubs from my new employer which would mean she goes for the interview only sometime in the first week of November.

It's for all these reasons I wanted to go an get an early stamping without messing up my present status so that my wife can join me at the earliest.

Hope this clarifies.

Thanks,
Siddharth

[txh1b]

You could still land up with a 221g now when you go for stamping unless the employer is a known/reputable/public listed company forcing a delay of forever. If the L1 is marked CWOP, then forget about the 2 week notice or anything to do with the L1 company as your petition nor the visa would be valid.

The visa copy can be substituted with a copy of approval notice of COS for a H4 stamping. VOs know the laws and they understand things better than what people get all worked up about.

[siddharthsethunathan]

Fair enough, I won't bother going now for stamping. When my wife's H4 comes up, we will see if the approval notice suffices.

Thanks,
Siddharth

[Spri]

......

The visa copy can be substituted with a copy of approval notice of COS for a H4 stamping. VOs know the laws and they understand things better than what people get all worked up about.

True...recently my spouse and kid went for the Visa stamping alone.

She carried all possible docs..like my expired visa, expired I94,Copy of New I797 with new I94 attached, pay stubs....bank statements...etc...etc...
The VO just asked her to show the Copy of my New I797...Nothing else...

(my case L1b to L1a while i am here in US and family went for stamping based on my l1a)

Best of Luck..

And as always Thanks txh1b and all Senior Members of Immihelp for your valuable service!

[konaprakash]

Siddharth! Please advise

Hi,

I am also in the same situation, but my employer is processing the H1 Visa.

My current L1B visa expires on Sep 30 2010. I am planning to Visit India in June 2010.

When you went for H1B Visa stamping, did they cancel the L1B Visa.

Thanks,
Prakash Kona