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  • L1A to H1B conversion

    I am currently on L1A visa that expires on Jan 2013. My Employer has already initiated a H1B conversion with USCIS and hopefully, my petition would be approved soon.

    I am travelling to India for a vacation in the month of November and had a couple of questions.

    1) If my H1 petition is not approved before my vacation, is it advisable to travel outside US? Please note that I have a valid L1A until Jan 2013

    2) Assuming my H1B Petition is approved before my vacation, can I travel to India and come back on my existing L1A without stamping my H1B? If that can be done, are there any implications that I need to be aware of?

    3) If I need to stamy my H1B during my vacation and for any reason gets rejected, can I still come back to US in my L1A? or would my L1A status be revoked.

    Experts, please guide me here....

  • #2
    1) If my H1 petition is not approved before my vacation, is it advisable to travel outside US? Please note that I have a valid L1A until Jan 2013
    >>> If your H1B is filed as COS from L1, then it is not advisable. If it is filed for consular process, then yo can travel.

    2) Assuming my H1B Petition is approved before my vacation, can I travel to India and come back on my existing L1A without stamping my H1B? If that can be done, are there any implications that I need to be aware of?
    >>> Yes, you can do that. If you enter in L1, then you status will be L1. To work in H1B status, the employer will need to file a COS to H1B or you will have to leave the country and return back in H1B visa.

    3) If I need to stamy my H1B during my vacation and for any reason gets rejected, can I still come back to US in my L1A? or would my L1A status be revoked.
    >>> In most cases, they will cancel the L1 when you attend the H1B stamping. If L1 is cancelled, then you need to apply and get the L1 stamped again to enter u.S in L1 status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      thanks so much shervin....

      just a qq on the second answer, does the COS fall under the H1B cap limit??

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      • #4
        It depends on whether you previously had any H1B petition approved on your behalf or not. If yes, how may years have you utilized in that H1B CAP? If no, then the H1B will need to go through the CAP and the start date cannot be before Oct 1st.

        Originally posted by djayash View Post
        just a qq on the second answer, does the COS fall under the H1B cap limit??
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          hi shervin,

          this is my first H1B...I just got a mail that my H1B petition is approved....Now am not sure if I need to stamp it when I go for my vacation....If the COS to H1B falls under CAP again, i think I will be better off stamping H1B this time...

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          • #6
            It does not matter. Since this is your first H1, it will fall under cap and will start on or after Oct 1. If you leave the US anytime now, you will most probably need to get an H1 visa from the consulate in order to return in H1 status.
            This is my opinion and not legal advice.

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