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L1B to H1B stamping Urgent!!!!!!

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  • L1B to H1B stamping Urgent!!!!!!

    Friends,

    I came on US on L1B from Comapany A and comapany B applied H1B in month of Apr'2011 it get approved with I-94.
    Now for some reason I need to go India on Sept'15'2011 and then come back in Nov'2011.
    Q1) As H1B petetion,I-797 is approved with I-94. I am assuming that H1-B is applied with Change of Status.
    Correct me If I am worng ?
    Q2) Before leaving the US Do I need to inform Immigration/ Any official as COS is applied with H1B ?
    Q3) Can I get H1B stamped while I am in India (Sept'11 to Nov'11) ?
    3(a) Is there any chances of rejection as I haven't join company B ?
    Q4) I have read that I can't work on L1B after COS approval date for my case it is (Oct'1st'2011),If any chance I need to

    come back on L1B only..
    4(a) Do I need to apply for Change of status back to L1B,If yes how I can do this ?
    4(b) Again I need to apply for COS from L1B to H1B to join the company B ?

    Thanks
    D

  • #2
    Originally posted by love2us View Post
    Friends,

    I came on US on L1B from Comapany A and comapany B applied H1B in month of Apr'2011 it get approved with I-94.
    Now for some reason I need to go India on Sept'15'2011 and then come back in Nov'2011.
    Q1) As H1B petetion,I-797 is approved with I-94. I am assuming that H1-B is applied with Change of Status.
    Correct me If I am worng ?
    You are right.
    Q2) Before leaving the US Do I need to inform Immigration/ Any official as COS is applied with H1B ?
    No, just return both the I-94's to the airline.
    Q3) Can I get H1B stamped while I am in India (Sept'11 to Nov'11) ?
    Yes.
    3(a) Is there any chances of rejection as I haven't join company B ?
    Not for that reason.
    Q4) I have read that I can't work on L1B after COS approval date for my case it is (Oct'1st'2011),If any chance I need to come back on L1B only..
    4(a) Do I need to apply for Change of status back to L1B,If yes how I can do this ?
    Your travels plans are perfect for that. All you need to do is return with L1 petition and L1 Visa.
    4(b) Again I need to apply for COS from L1B to H1B to join the company B ?
    If you return in L1 status with an L1 I-94, you will need to change it back to H1 before you can start working for H1 employer.
    Thanks
    D
    Your travel plans are such that you are avoiding being present in the US when the COS goes into effect. So you need to decide which employer you want to work for on return and use that corresponding Visa and petition approval notice. Remember that when you apply for H1 Visa at a consulate your L1 Visa may get canceled.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks kabkaba, for the quick reply and clear reply . I have some query based on the answers.

      Q2) Before leaving the US Do I need to inform Immigration/ Any official as COS is applied with H1B ?
      No, just return both the I-94's to the airline.
      --> I only got email for petition approval having I94 number / Reciept number and My password have I-94(L1B). I can only return I-94 that is on my passport .. Correct my if I am wrong ?

      4(a) Do I need to apply for Change of status back to L1B,If yes how I can do this ?
      Your travels plans are perfect for that. All you need to do is return with L1 petition and L1 Visa.
      ---> Do I need tell any thing to my current company to get the status back to L1B ?
      OR
      ---> It is just fine as I have left the US before COS date and coming back after COS date ?

      Q)
      About point
      "Remember that when you apply for H1 Visa at a consulate your L1 Visa may get canceled."
      --> Consulate means US Embassy in India where I will get visa stamped ?
      ---> Consulate will cancel my L1 visa only when they approve new visa h1b ?

      Please suggest Is this safe bet ,
      I go to India and get visa h1b stamped and come with new company b/c I feel it safe in case my stamping got rejected still I can come on L1B with my old company
      OR
      Stay in US and join new company after COS Date(1st Oct 2011) and work for 2-3 months and then go to India and get the visa stamped , The Risk here I feel in case my stamping got rejected I will lose both the Visa..

      Comment


      • #4
        Originally posted by love2us View Post
        Thanks kabkaba, for the quick reply and clear reply . I have some query based on the answers.

        Q2) Before leaving the US Do I need to inform Immigration/ Any official as COS is applied with H1B ?
        No, just return both the I-94's to the airline.
        --> I only got email for petition approval having I94 number / Reciept number and My password have I-94(L1B). I can only return I-94 that is on my passport .. Correct my if I am wrong ?
        Your employer needs to give you the original approval notice, at least the bottom part. But since both I-94 numbers are the same and you are leaving the US when COS goes into effect anyway, it will not matter.
        4(a) Do I need to apply for Change of status back to L1B,If yes how I can do this ?
        Your travels plans are perfect for that. All you need to do is return with L1 petition and L1 Visa.
        ---> Do I need tell any thing to my current company to get the status back to L1B ?
        OR
        ---> It is just fine as I have left the US before COS date and coming back after COS date ?
        There is no need to tell anybody. Travel plans will take care of that.
        Q)
        About point
        "Remember that when you apply for H1 Visa at a consulate your L1 Visa may get canceled."
        --> Consulate means US Embassy in India where I will get visa stamped ?
        ---> Consulate will cancel my L1 visa only when they approve new visa h1b ?
        Consular officers can cancel visa before or after new visa decision. But if previous visa is canceled and new one denied, you can still apply again for the previous visa and get it again. Only Visa is canceled if at all, underlying petition is not.


        Please suggest Is this safe bet ,
        I go to India and get visa h1b stamped and come with new company b/c I feel it safe in case my stamping got rejected still I can come on L1B with my old company
        OR
        Stay in US and join new company after COS Date(1st Oct 2011) and work for 2-3 months and then go to India and get the visa stamped , The Risk here I feel in case my stamping got rejected I will lose both the Visa.
        Either options are okay. You have identified the risks correctly, decide based on that.
        See above.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thanks for replies.

          1) In case my visa(H1B) got denied at the time of stamping.
          a) Can I retry the stamping and how long I need to wait ?

          2) and What if I come back to US with my old visa L1B and Now my status changed back to L1B .
          a) How can I switch to new company ?
          b) Is the new company again need to file H1B for me ? or they can hire me based on the previous approved petition (H1-B) ?

          3) Please suggest which all the documents company must provide me as I am planning to Delhi (India).
          Last edited by love2us; 09-11-2011, 04:00 PM.

          Comment


          • #6
            Originally posted by love2us View Post
            Thanks for replies.

            1) In case my visa(H1B) got denied at the time of stamping.
            a) Can I retry the stamping and how long I need to wait ?
            You can apply as soon as you have new evidence contrary to the reason of denial.
            2) and What if I come back to US with my old visa L1B and Now my status changed back to L1B .
            a) How can I switch to new company ?
            b) Is the new company again need to file H1B for me ? or they can hire me based on the previous approved petition (H1-B) ?
            New company will need to file change of status to H1 again and for that you will need to join L1 employer first. If you use L1 Visa you must work for L1 employer until change of status to gets approved again.
            3) Please suggest which all the documents company must provide me as I am planning to Delhi (India).
            See above.
            This is my opinion and not legal advice.

            Comment


            • #7
              Thanks for your time and making the things clear..
              I am going back to India this week... I will keep on posted with the status ..

              Thanks

              Comment


              • #8
                L1B to H1B with COS approved. Like to continue on L1B

                Hi Kabkaba, love2us,

                I also in the same situation. I am on company A with L1B Visa since 2010 till date. I have applied for H1B through company B with COS effective from 1st Oct 2011. But now I wish to continue in company A cause I am getting better opportunities.

                below are the queries.
                1. I read the above threads. I am on the same situation. If I wish to continue on my L1B after 1st OCT can I do leap frog by leaving US by end of sep and come back to US some time in october with L1B.
                2. While I am leaving us should I need to submit both of my I94 forms. one which I have with my L1 and one I got from H1B with COS. I am bit worried on this. should I detach the one which I have on my H1b and submit while I exit. some of people telling not to submit and some asking me to submit. I am bit confused. I am seeking for some one to clear my doubt.

                3. If I submit both I94. while I am coming back to US would they question me stating that I went out of us with H1b I94 and while I am trying to enter with L1 visa will there be any issues ?
                4. Even after coming on L1B If I wish to apply for COS to back to H1 in 2012 will it be possible.


                I have planned to go out of US by sep. but I am bit worried If I would face any issues in POE and while I go out of US. Please any one help me on this.


                Thanks
                beasample

                Comment


                • #9
                  http://www.immihelp.com/forum/showthread.php?t=92725

                  The same or another employer can file cap-exempt H1 petition for you at any time in the future, until the total time spent in the US in H1 or L1 status is less than 6 years.
                  This is my opinion and not legal advice.

                  Comment


                  • #10
                    Thanks you So Much for your timely response Kabkaba. One last final question.

                    If I submit both I94 while I am coming back would they be asking any question on my H1b. since I have give two I94 while I am coming in to US by mid of October.

                    Thanks
                    beasample

                    Comment


                    • #11
                      I don't understand. That was referring to submitting all I-94's to the airline when you leave the US. You should not have any I-94's while outside the US. Everytime you enter the US, you will get a new I-94 depending on the Visa and petition that you use.
                      This is my opinion and not legal advice.

                      Comment

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