Travel to india during H1B transfer

[thetraveler]

thanks

thanks for the reply , appreciate it.

[kabkaba]

If H1 is filed in April and you leave the US after it is approved with change of status, you will be fine. You can return in L1 status and then join the H1 employer from Oct 1.

If H1 is pending and you leave the US there are two possibilities.
1. Change of status gets denied (H1 approved without I-94) - You will then have to separately change status before you can begin working for H1 employer.
2. Change of status gets approved - You will then have to join H1 employer on OCt 1.

[thetraveler]

Hi

thanks for replying back.

My H1 will be applied by a diff company in US itself

My I94 is also valid till Dec 2013

I stayed in US for 4 years on L1
a. 3 yrs with L1B Blanket
b. 1 yr with L1B individual

thanks for your reply

[kabkaba]

Will the H1 petition be filed by the same employer? When does your I-94 expire? How much time have you spent in the US in L1 status?

[thetraveler]

Planning to trip India during L1 to H1 transfer

Here is my situation
1. I am currently on stamped L1B Individual visa , valid till Dec 2013
2. I am planning to apply for L1 to H1 transfer on April1 2013

Now I am planning to travel to India on May 2013 end. Is it possible? Will my transfer will be denied. Or I can come back on my L1 and can work till I get my H1 approved.

Please advise urgently. Many thanks for the inputs.

Tc.

[shervin143]

It is never advisable to travel when an extension is pending with USCIS. Search an read about the related posts in immihelp. You have two options.

1) Since it is already 90 days past since you filed the extension, ask your employer/attorney to take an infopass appointment with USCIS and discuss the status of your case. This will speed up the decision process.

https://www.immihelp.com/infopass-appointment-with-uscis/

2) Upgrade your case to premium and get a result within 15 days.

[varunchandu]

Hi All,

I apllied for H1 b transfer during sep and got the receipt during sep 3rd 2010
Now its still showing in intital review status.I am expecting it to take till end of feb 2011 to change status.Now I have to travel to india fro my brothers marriage on march 12th 2011.

I have 2 options now.

1) upgrade my H1B transfer to premimium
2) just travel to india

Can you let me know which is better option and what steps I need to take in either case.

Varun