L1 to H1 visa transfer with travel in between

[Jayusa]

I am currently on L1B with Employer A and planning to move to Employer B who is ready to sponsor H1 for me.

1)Once Empoye B files new H1 application on premium process and aprroved let's say by June end, will my staus will change by june end and is it legal to work with emploee A from H1 apporval date(june end) till oct15(including 15days notice period).

2)As i need to Visit India, if i go and comeback to USA on L1 before october 1st what could be implications on approved H1.
3)Iif i go to and comebak to USA on L1 after october 1st what could be implications on approved H1.


Please clarify above queires as as there are few number to reach H1 cap count.

Thanks in advance.

[shervin143]

Did you previous had an H1B approval within the last 6 year? Is the H1B sponsor filing your H1B under a new CAP? It is not possible to answer your question without knowing these details.

[Jayusa]

Thaks for the prompt reply.

Yes.I had a H1 approval and stamped also in year 2006 from a previous employer in India .I didnt utilize this H1 and got expired in 2009.
New emploeyer told me that he can utilize the previous expired H1 and can apply h1 transfer/petition with out subjected cap count.
he told he verify once again and come back.

If that is true, there will be no need to apply new h1 and i may go to vacation and comeback and intiate h1 transfer process.Is my understanding is correct?

If it is proved that i can not utilize expired&un uitlized h1 then new employer may file new h1 peritions subjected 2013 cap count.
In this case what could be implication of going to India before oct1st OR after oct 1st on new H1 approval .

[shervin143]

If that is true, there will be no need to apply new h1 and i may go to vacation and comeback and intiate h1 transfer process.Is my understanding is correct?
>>> If the previous petition was approved within the last 6 years, the the CAP from the petition can be used to file a new petition with an immediate start date. There is no need to go through the 2013 CAP and no need to wait until Oct 1st 2012 to start working.

If it is proved that i can not utilize expired&un uitlized h1 then new employer may file new h1 peritions subjected 2013 cap count.
In this case what could be implication of going to India before oct1st OR after oct 1st on new H1 approval .
>>> Once you file a petition for COS, you are not suppose to leave the country. If you had to leave, then ask the employer to file the petition for consular process. Return back after the petition gets approved by obtaining a H1B visa. Alternatively, you can go for vacation and return back in L1 visa and then file the H1B as a COS from L1. In order to do that, the CAP should remain open.