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Travel back to India while processing the L1B o H1B Visa Transfer

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  • Travel back to India while processing the L1B o H1B Visa Transfer

    Hi,
    I came to USA on L1B visa from Company A along with my wife who came on L2 Visa as Dependant for the duration for 1 year i.e. up to July 2013.

    I would like to transfer my visa from L1B to H1B status. So, I have contacted Company B for the visa transfer, and they said like H1B visa CAP has been completed for this year. In addition, they said they will apply for the next year in April month.

    The visa transfer process will be completed after October 1st 2013. But, I have to go back to India in July 2013 itself.

    Can I apply for L1B to H1B transfer in the month of April 2013 and go back to India and get the H1B visa stamped in India and come back to USA. Is this method correct? Please let me know While I apply for the transfer and If I go out of USA, Will my transfer request gets cancelled?

    I heard like the above method can be done by H1B Consular process. What is this exactly mean?

    My wife also has an EAD. So, we both of us are planning to transfer our L1B and L2 Visas to H1B.

    Please let me know the process by which way I can transfer my visas from L1B to H1B even though I move to India in July 2013.

    In addition, is there a way to expedite the L1B to H1B transfer process in order to complete before July 2013 by paying extra fees.

    NOTE: My L1 Visa expiration date is July 2015 and during immigration they gave I-94 up to September 2015.

    Thanks

  • #2
    Originally posted by Ranjit.balu View Post
    Hi,
    I came to USA on L1B visa from Company A along with my wife who came on L2 Visa as Dependant for the duration for 1 year i.e. up to July 2013.

    I would like to transfer my visa from L1B to H1B status. So, I have contacted Company B for the visa transfer, and they said like H1B visa CAP has been completed for this year. In addition, they said they will apply for the next year in April month.

    The visa transfer process will be completed after October 1st 2013. But, I have to go back to India in July 2013 itself.

    Can I apply for L1B to H1B transfer in the month of April 2013 and go back to India and get the H1B visa stamped in India and come back to USA. Is this method correct? Please let me know While I apply for the transfer and If I go out of USA, Will my transfer request gets cancelled?

    I heard like the above method can be done by H1B Consular process. What is this exactly mean?

    My wife also has an EAD. So, we both of us are planning to transfer our L1B and L2 Visas to H1B.

    Please let me know the process by which way I can transfer my visas from L1B to H1B even though I move to India in July 2013.

    In addition, is there a way to expedite the L1B to H1B transfer process in order to complete before July 2013 by paying extra fees.

    NOTE: My L1 Visa expiration date is July 2015 and during immigration they gave I-94 up to September 2015.

    Thanks
    Any particular reason you need to go back in July 2013? Are you planning to re enter US after July 2013 on L1?

    Ideally, if you want to convert to H1 for 2013, and since your current L1 is valid till 2015 many folks apply L1 to H1 COS(Change-Of-Status) and once its get effective 01 Oct 2013 they work with the H1 employer. In your case since you need to go to India July 2013, if you apply COS, it gets abandoned as COS is valid only if person is in US (for obvious reason that since you are not in any status while outside US so no point of a change of status), and if current company is not sending you back on L1 then the only option for you to re enter US on H1 is after H1 approval and stamping , on or after 01 Oct 2013.

    This is achieved by filing for a H1 petition as Consular process, in consular process you have to go to US consulate in India and get H1 stamping done . At that time they will cancel your L1 and might issue you the H1 if all paper work is in place. The same thing has to be done for your wife if she is planning to come on H1.

    The earliest start date of employment for next year H1s can only be 01 Oct 2013 and you cannot start work before 01 Oct 2013. There is no provision to pay any extra fees in order to start work before 01 Oct 2013 in next years cap. The only way it could have been possible is if you had already had an H1 in last 6 Years and it was not a fresh H1.Since your and your spouse's case is for fresh H1 you can begin work only 01 Oct 2013, again, provided your H1 is approved and visa is stamped.

    This is my opinion not legal advice.

    Comment


    • #3
      L2 visa to H1 B visa transfer

      Originally posted by raghvi View Post
      Any particular reason you need to go back in July 2013? Are you planning to re enter US after July 2013 on L1?

      Ideally, if you want to convert to H1 for 2013, and since your current L1 is valid till 2015 many folks apply L1 to H1 COS(Change-Of-Status) and once its get effective 01 Oct 2013 they work with the H1 employer. In your case since you need to go to India July 2013, if you apply COS, it gets abandoned as COS is valid only if person is in US (for obvious reason that since you are not in any status while outside US so no point of a change of status), and if current company is not sending you back on L1 then the only option for you to re enter US on H1 is after H1 approval and stamping , on or after 01 Oct 2013.

      This is achieved by filing for a H1 petition as Consular process, in consular process you have to go to US consulate in India and get H1 stamping done . At that time they will cancel your L1 and might issue you the H1 if all paper work is in place. The same thing has to be done for your wife if she is planning to come on H1.

      The earliest start date of employment for next year H1s can only be 01 Oct 2013 and you cannot start work before 01 Oct 2013. There is no provision to pay any extra fees in order to start work before 01 Oct 2013 in next years cap. The only way it could have been possible is if you had already had an H1 in last 6 Years and it was not a fresh H1.Since your and your spouse's case is for fresh H1 you can begin work only 01 Oct 2013, again, provided your H1 is approved and visa is stamped.

      This is my opinion not legal advice.

      Hi,

      I have similar query.I am coming usa on 10 feb 2013 on L2 visa and plaaning to apply for H1B in april 2013 but i need to travel back in march 15 2013.My question is will my visit will affect on my H1 B visa processing??

      Please advice .Thanks in advance.

      Comment


      • #4
        Both H1 and L1 application are independent. Your h1 application would not be impacted when you come on L1 . But when you attend H1 interview your L1 will be cancelled.

        Please open a fresh post in future.

        This is my opinion not legal advice.

        Comment


        • #5
          L2 visa to H1 B visa transfer

          Originally posted by raghvi View Post
          Both H1 and L1 application are independent. Your h1 application would not be impacted when you come on L1 . But when you attend H1 interview your L1 will be cancelled.

          Please open a fresh post in future.

          This is my opinion not legal advice.

          Hi raghvi,

          Thanks for quick response but my question is I am coming on L2 visa not on L1 and will apply for H1 B in april 2013 through some employer A. So will it create some problem if i leave from USA in March end after filing H1b and come back in May 2013??

          problem in the sense

          1.Entering in USA in may
          2.H1 b visa processing



          One more thing my plan is to apply for L2 ead as well as soon as i enter in USA i:e feb 11 2013.


          Thanks in advance

          Comment


          • #6
            Originally posted by Avinash Gangwal View Post
            Hi raghvi,

            Thanks for quick response but my question is I am coming on L2 visa not on L1 and will apply for H1 B in april 2013 through some employer A. So will it create some problem if i leave from USA in March end after filing H1b and come back in May 2013??

            problem in the sense

            1.Entering in USA in may
            2.H1 b visa processing



            One more thing my plan is to apply for L2 ead as well as soon as i enter in USA i:e feb 11 2013.


            Thanks in advance
            No I dont see any issues.

            This is my opinion not legal advice.

            Comment

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