L1 to H1 thru consular process + 221(g)

[H1consular_2_COS]

Hi All,

First of all, I would like to thank this forum and website as it has been of great help on a lot of my immigration related queries. However I have a question, to which i was not able to find an answer --

I am currently on L1B with company A. Company B did my H1 thru consular process in Nov 2009, and it got approved. The plan was to find a project, and go back to India and get it stamped when I am ready to join company B with the new project. I got a project, and I went to Chennai in Feb 2010 for stamping, and to my horror, I got 221(g) blue letter and was asked to submit additional documents.

As it would have taken time to obtain the documents, I came back to the US on L1. As i understand, the 221(g) process might take 5-30 days after i submit the documents in the drop-box. I dont have that many leaves with company A, and dont want to put the job with Company A at risk. So I want to avoid going back to India, if possible.

--What are my options now ?

--Is there any way to do Change of status from L1 to H1 without having to apply for a new H1 ?

--Can I appear for Visa interview in Canada ?


Thanks in advance,

[sk4ih]

--

-- Yes. You can apply for change of status to H1. After approval you can start working for new employer. Until then continue with old employer.

-- Yes

[H1consular_2_COS]

Thanks.

Do you know if the fact that I already have a 221(g) will affect if I apply for a Change of status now?

Another question -
How long can I remain in L1 after change if status is approved ? Is there any grace period ?

[shervin143]

Do you know if the fact that I already have a 221(g) will affect if I apply for a Change of status now?
>>> If you no longer want to continue with that Visa application in India, then withdraw the application first. 221g should not affect your COS from within the country. If at all, they will deny the COS in which case you need to get the visa stamped to get to H1B. Go with all the required documents so that you don't get into 221g again.

Another question -
How long can I remain in L1 after change if status is approved ? Is there any grace period ?
>>> There is no such grace period. You will need to join the H1 employer immediately.