*** Urgent Help Needed on H1B ***

[gj_prabhu]

Dear Friends,

I've got my H1B stamped in Sep'08 for Company "A" but due to unavailability of projects I couldn't travel to US. At present working in India for Company "B" and they're asking me to apply for L1 (as per their travel policy).
Before i do that I just wanted to clarify the below points.

1. If i get L1 stamped thru company "B", will it override my existing H1B status (of company "A")?
2. If i enter into US with L1 status and work for a year then come back to India and again entering into US with H1B status (of company "A") is possible thing??
3. Also advise If at all any procedures/cost/time involved for status change from H1B-L1-H1B.

Thanks in advance for your kind help!!!
Govind...

[shervin143]

1. If i get L1 stamped thru company "B", will it override my existing H1B status (of company "A")?
>>> There is no H1B status when you are in India. Status is only applicable when you are inside U.S. When you go for L1 stamping, most probably your H1b visa will be cancelled. However, the petition will remain valid until it's expiry date.

2. If i enter into US with L1 status and work for a year then come back to India and again entering into US with H1B status (of company "A") is possible thing??
>>> You can do that. You will have to get the H1B stamped in that case.

3. Also advise If at all any procedures/cost/time involved for status change from H1B-L1-H1B.
>>> Like mentioned earlier, statusonly applies when you are in U.S. If yo want to chnage your status from L1 to H1B later from within U.S, then a COS to H1B need to be filed by your employer and if thatgets approved, you can start working for the H1B employer. It takes 2-3 months by normal process and 15 days by premium for an additional $1000.

[gj_prabhu]

Dear Friend,

Many thanks for your clarifications. One more question combinely on point 1 & 2, when my petition is valid (H1B valid till sep'2011) should i still go to US consulate for H1B stamping after returning back to India on L1?

Please advise.

Thanks,
Govind...

[shervin143]

You need a valid visa to enter U.S (Irrespective of petition validity). If yo enter U.S in L1 visa, your status will be L1 and you can work only for the L1 employer. In order to work in the H1B status (For the H1B employer), you need to enter U.S in H1B visa, for which you need to get the H1B stamped again. Because when you go for your L1 visa interview, your H1B will be cancelled. If they leave the H1B without cancelling it, then you can use it to re-enter in H1B status.

Dear Friend,

Many thanks for your clarifications. One more question combinely on point 1 & 2, when my petition is valid (H1B valid till sep'2011) should i still go to US consulate for H1B stamping after returning back to India on L1?

Please advise.

Thanks,
Govind...

[gj_prabhu]

Excellent... that clarified my queries... many thanks once again....

[Tajinder]

Hi All ,

I applied for h1b in 2007 and I was lucky to have got selected through the lottery system . I could not go to US due to some personal reasons . It has been almost three years now and my I-797 is expiring on 31st Aug 2010. If I get the new offer letter and other documents from the same employer , Can I attend the interview in May 2010 . Please let me know Am I eligible for the same .Would there be any problems at POE ?

[shervin143]

Possible. You will get a visa and I-94 only till the petition expiry date (3 months).

Hi All ,

I applied for h1b in 2007 and I was lucky to have got selected through the lottery system . I could not go to US due to some personal reasons . It has been almost three years now and my I-797 is expiring on 31st Aug 2010. If I get the new offer letter and other documents from the same employer , Can I attend the interview in May 2010 . Please let me know Am I eligible for the same .Would there be any problems at POE ?