L1 to H1

[vishal27580]

Hello,

Currently I am holding L1B visa, been to US 2 times, now again my company (SAY company A) is sending me to USA by end of May.

One of consultant (Say company B) is ready to file my H1B, got my LCA approved.

My questions is
1. what is process after approval of LCA
2. Do I need to come back to India for visa Interview?
3. Can I travel to any other country say Canada for Visa interview as I have canada Visa?

Thanks

[shervin143]

1. what is process after approval of LCA
>>> The employer will need to file the H1B petition. If this is your first H1B petition in the last 6 years, then it has to be filed under a new CAP with the H1B effective date of Oct 1st or later.

2. Do I need to come back to India for visa Interview?
>>> It depends on when and how the H1B is filed. If the H1B is filed when you are in U.S in L1 status, then the employer can file it as a COS from L1. If it is filed as a COS with the H1B effective date of Oct 1st, then as of Oct 1st (the date on which the H1B becomes effective) you should be working for the H1B employer and any employment with the L1 employer beyond that date is illegal. Your status will automatically change to H1B as of Oct 1st. There is no need to get the H1B stamped to work for the H1B sponsor. You will need to get the H1B stamped only when you leave U.S and want to re-enter back in H1B status. On the other hand, the employer can file the H1B for consular process (If the H1B is filed when you are outside U.S, then it has to be filed for Consular process). In this case, your status will not automatically change to H1B. Whenever you decide to work for the H1B sponsor, you should leave the country and re-enter back on a valid H1B visa and the employer's valid H1B petition.

3. Can I travel to any other country say Canada for Visa interview as I have canada Visa?
>>> If this is your first time H1B stamping, then it has to be done in your home country. Otherwise you can go to Canada or Mexico.