Can I travel to US on L1B visa, if I have filed for H1 visa from outside US

[ramants17]

I have a valid L1B visa till 2013, but currently I'm in India. My company is planning to file a H1B visa for me this year from India.
My question is If I file for H1 Visa from India, will my L1 B visa will still be valid?? and will I be able to travel to US on L1 B visa before my H1 B visa gets approved?

[raghvi]

Can I travel to US on L1B visa, if I have filed for H1 visa from outside US

You can travel as long as you have a valid Visa. If your L1 employer is willign to send you before H1 approval comes you can surely go, you can work only with the L1 employer if you travel on L1. Once you ar ein US the employer has to file for a COS from L1 to H1. this is my opinion, please consult experts too.

[ramants17]

Can I travel to US on L1B visa, if I have filed for H1 visa from outside US

Thanks Raghvi.

Where can I find an expert for this, who can answer? I'm really confused as to what to do, I mean should I go to US on L1 and let my employer file the VISA from India or should I go to US on L1 and ask my employed to file visa from USA.
Apart from that I have to complete the documentation too, I'm not sure weather I'll be able to complete documentation before April 1 after reaching US if I decide to file it from USA.

And If I complete the documentation to file VISA from India, the details wont be valid on April 1 as I'll be in US by that time.

Any suggestions?

[raghvi]

Can I travel to US on L1B visa, if I have filed for H1 visa from outside US

It doesnt matter whether H1 is applied from US or India. In any case if this is a fresh visa the employer can start the H1 Visa processing only after 01-Apr-212 and you can work on H1 only after 01-OCt-2012. If the employer wants you to be in US till that time they should send you on L1 and while in US apply for a COS from L1 to H1. Once approved you might as well have to travel to India get H1 stamping done and travel to US on H1. The 2013 Cap will open only on 01-Apr-2012 I dont see any reason why you and the employer would not be able to do documentation in India or in US . This is my opinion not legal advice.

[ramants17]

Can I travel to US on L1B visa, if I have filed for H1 visa from outside US

Problem is that the documention asks question like weather I'm currently in US or not.
Suppose I start documenting today and fill details as If I'm in US(because I'll be in US on 1st April), I don't have answers to questions like what is my current address or I dont have the I-94 to attach with the documentation.
Other option is I start documentation after reaching US.
Risk with that is, I dont know weather I'll be able to complete the documentation and file the application on April 1 and I'm fearing if the CAP this year closes on April 2 and if I'm unable to complete my documentation by April 2, I'll miss the filing opportunity.

Also, after filing the documentation, I need to send it to the consultants hired by my company for review and other paper work, which take additional 2 weeks.

Now what do you suggest?

[shervin143]

Problem is that the documention asks question like weather I'm currently in US or not.
Suppose I start documenting today and fill details as If I'm in US(because I'll be in US on 1st April), I don't have answers to questions like what is my current address or I dont have the I-94 to attach with the documentation.
>>> H1B petition can be filed as COS or consular process. If you are outside U.S at the time of filing the H1B petition, then it has to be filed for consular process. Meaning, when the petition gets approved, you need to get the H1B visa stamped and return back in H1B visa (which will get you an I-94 associated to H1B @ the POE) to work for the H1B sponsor. You are allowed to travel to U.S in any other visa when H1B is under progress. H1B petition can be filed as a COS only when you are already inside U.S while filing the petition. In that case, you will have to give a copy of your I-94 as the proof that you are currently in a particular status (L1 in your case) and requesting a change of status to H1B.

Other option is I start documentation after reaching US.
Risk with that is, I dont know weather I'll be able to complete the documentation and file the application on April 1 and I'm fearing if the CAP this year closes on April 2 and if I'm unable to complete my documentation by April 2, I'll miss the filing opportunity.
>>> The CAP isn't getting closed that soon these days. If you last 3 years, the CAP gets closed only after October. If you are so concerned, then file the H1B for consular process.