Help required - Urgent

[tchitrait]

Hi,

I am currently holding L1-Blanket Visa with Company-A and I would like to apply for H1-B with Company-B on April 1 2011.

If my new company-B submits my H1 petition on 1-Apr-2011 in premium mode, can i go to India on emergency leave for 2 weeks with my current company-A in L1 Visa.

1. When I return back around 10-Apr-2011 to US with my current L1, will my new H1 petition be still valid with company-B?

2. Will my new H1 Visa (if approved / processed by 10-Apr-2011) be overridden by my fresh status on L1 (after i re-enter US on 10-Apr-2011) ?

3. In short when I re-enter US on 10-Apr-2011, which Visa will be valid - is it new H1 Visa / current L1 visa ?

Any help or suggestions would be appreciated greatly.



Thanks in advance for your response.

[shervin143]

It is never advisable to travel when a petition is pending with USCIS. If you travel, it will unnecessirily invite a lot of complications. These are your options.

1) File the H1B as a COS from L1. Travel to India only after Oct 1st and return back on H1B visa on your return.

2) Go to India and come back and file the COS to H1B. Once H1B gets approved, you can work for the H1B employer from Oct 1st.

3) Ask the new employer to file the H1B as a consularprocess instead of COS. Exit the country and enter anytime in L1 visa and continue to work for the L1 employer. Whenever you want to work for the H1B employer, leave the country and get the H1B stamped and return back in H1B visa after Oct 1st or 10 days prior to Oct 1st.