Question about H1B Stamp : URGENT

[palakdebnath]

Hi,

I worked in USA from Sep 2007 to May 2009. When I was in USA, I applied for 2010 H1B through some consultancy company (which is not my employer). I applied that on April 2010, when I was in USA in L1B Visa (issued by present employer).
On August 2009, I got H1B approval but not yet stampped. From June 2009 to till date I'm working in India. Now my present employer (who issued L1B for me valid till July 2010) company is planning to send me again to USA in January 2010. Now, if I go to USA in L1B and there after if I want to change my visa status from L1B to H1B (Which I got approaval on Aug 2009), will it create any problem? If I visit again in L1B, will my approaved H1b get invalid?

Actually I want to convert my L1B to H1B after reaching in USA in L1B.

Please help me out and take out me from my anxiety. Any help will highly be appreciated.

Thanks,
Palak

[shervin143]

You can do that. You H1B employer need to file a COS from L1B to H1B and when it gets approved, you can start working for the H1B employer. Traveling in L1B will not void your H1B petition.

[palakdebnath]

You can do that. You H1B employer need to file a COS from L1B to H1B and when it gets approved, you can start working for the H1B employer. Traveling in L1B will not void your H1B petition.

Thanks for your quick reply. How long that COS form will take to get an approaval? If I go there in USA in January'10, can I get approaval before July 2010?

Thanks again,

Palak

[shervin143]

Assuming there is no RFE, it would take 2-3 months by normal process and 15 days (additional $1000) by premium process. Alternatively, you can leave the country, get your H1B stamped and re-enter in H1B visa to work for the H1B employer.

Thanks for your quick reply. How long that COS form will take to get an approaval? If I go there in USA in January'10, can I get approaval before July 2010?

Thanks again,

Palak