L1 to H1

[Magatra]

I am on L1 visa from company A. This company is planning to file my H1 this April 2010. I am planning to go outside US for 3 weeks in May 2010. Is it advisable to do that. I heard that if it is the same company then instead of H1 they apply change of status and I cannot leave the country when the process is pending.

Any advice will be appreciated.

[shervin143]

If you travel outside the country when the COS to H1B is in progress, then there are chances that your H1B petition might get approved but not the COS (You may receive I-797B instead of I-797A). In which case, you will need to get it stamped, re-enter in H1B visa to work in the H1B status.

[Magatra]

So that means it is true that if the company that holds your L1 wants to apply for your H1, they only need to apply for change of status?

[shervin143]

They will apply for a new H1B with COS from L1 to H1B (By providing a copy of your existing L1B I-94).

[Magatra]

If you travel outside the country when the COS to H1B is in progress, then there are chances that your H1B petition might get approved but not the COS (You may receive I-797B instead of I-797A). In which case, you will need to get it stamped, re-enter in H1B visa to work in the H1B status.

so when I enter back in June I can use my L1 but when my H1 gets approved I need to leave US and re-enter to start using my H1?

[shervin143]

When you enter back in June, you can enter in L1 provided that visa is valid at that time.

If your H1B gets approved with COS (I-797A that comes with a new I-94 with the effective start date of October 1st 2010), then you don't need to do anything. Your status will change automatically to H1B starting Oct 1st.

If your COS was denied, then you will get I-797B (Without a new I-94). In which case, you need to leave U.S, get the H1B stamped and re-enter in H1B to starting working in the H1B status.

If your H1B is denied, then you will need to leave the country or file for an L1B extension before your L1B I-94 expires.

so when I enter back in June I can use my L1 but when my H1 gets approved I need to leave US and re-enter to start using my H1?

[Magatra]

When you enter back in June, you can enter in L1 provided that visa is valid at that time.

If your H1B gets approved with COS (I-797A that comes with a new I-94 with the effective start date of October 1st 2010), then you don't need to do anything. Your status will change automatically to H1B starting Oct 1st.

If your COS was denied, then you will get I-797B (Without a new I-94). In which case, you need to leave U.S, get the H1B stamped and re-enter in H1B to starting working in the H1B status.

If your H1B is denied, then you will need to leave the country or file for an L1B extension before your L1B I-94 expires.

Thank you so much for your advice. I will be applying for my L1 extension in March 2010. So if my H1 gets approved and COS gets approved I think I am all set.
Thanks again...

[kkarthi82]

L1 to H1

Hi,

can you please help me with this information?

I had H1 petition approved in 2008.I didn't come to US because of the market.

In 2009, my present employer in India applied L1 and I have entered in US with L1.

1. If I want to work on H1( once I get project), is stamping mandatory even in case I am not leaving US?

2. After my L1 assignment ends, How long I can stay in US and search for Jobs with approved H1 petition?

[shervin143]

1. If I want to work on H1( once I get project), is stamping mandatory even in case I am not leaving US?
>>> If your H1B employer finds you a project, then you need to apply for the change of status to H1B. If the COS gets approved (you get a new I-94), then you can continue to work for the H1B employer without the need for stamping. If not, you need to go out, get the H1B stamped and re-enter in H1B to work for the H1B employer.

2. After my L1 assignment ends, How long I can stay in US and search for Jobs with approved H1 petition?
>>> 0 days. Your approved H1B petition has no value if you are not working on H1B status.