L1 to H1 Transfer - India travel after approval - Please guide

[sampada712]

Hi,

I need some help in understanding L1 to h1 transfer process.
I work with company A and have L1(extension not stamped yet) valid till 2015. Company B is ready to sponsor my H1 this April. I have few questions as I need to travel to India while this process is going on.

1. Once company B applies my H1 in April, can I travel on my L1 and come back after L1 stamping. Or do I have to wait till I get my H1 approval to leave the country?
2. If 1st case in not possible, can I travel on my L1 and come back after L1 stamping, once I get my H1 approval(which may be very earlier than October due to premium processing). Will my H1 approval be valid?

If H1 works out , I want to join company B from October and work on my L1 till that time. Best thing for me would be, wait till April, apply H1 and then go on vacation.
Please let me know what are possibilities here.

Thanks,
Sampada

[raghvi]

Hi,

I need some help in understanding L1 to h1 transfer process.
I work with company A and have L1(extension not stamped yet) valid till 2015. Company B is ready to sponsor my H1 this April. I have few questions as I need to travel to India while this process is going on.

1. Once company B applies my H1 in April, can I travel on my L1 and come back after L1 stamping. Or do I have to wait till I get my H1 approval to leave the country?
2. If 1st case in not possible, can I travel on my L1 and come back after L1 stamping, once I get my H1 approval(which may be very earlier than October due to premium processing). Will my H1 approval be valid?

If H1 works out , I want to join company B from October and work on my L1 till that time. Best thing for me would be, wait till April, apply H1 and then go on vacation.
Please let me know what are possibilities here.

Thanks,
Sampada

Its never advisable to travel while a COS is pending with USCIS. A COS is considered abandoned when one applies for it and travels out of US as a COS request doesn't make sense for a person not in US.

Best option would be to apply H1 as consular processing, travel around August/Sept, get H1 stamped at India and return on h1 stamping to work for the H1 employer.

Any other option has got its own risks and complications such as below:
1. What happens if your L1 stamping rejected or delayed due to RFEs?
2. You manage to come back on l1....but what happens if H1 approval doesnt come in and around 01-Oct-2013 due to RFEs?
3. What happens when the H1 approval comes with an I-94 and you return on L1 with another I-94? One never knows whether one is on l1 or H1 in that case. Search and read about last action rule.
4. What happens when the L1 to H1 gets approved as Consular processing as you went out of US while COS was in progress and you come to know about it only after returning on L1? You will have to get an H1 amendment filed or travel out of US again in order to get H1 stamping.


This is my opinion not legal advice.

[sampada712]

Thanks a lot Raghvi for your reply.
So, as you said best option would be apply for H1, wait till it gets approved. Travel to India once approval comes and get H1 stamped at India and return on h1 stamping(in October) to work for the H1 employer.

Meanwhile in India can I work with my previous employer? Will there be any issues for H1 stamping as I will be having L1 petition also?

[Rajkiran20]

Thanks a lot Raghvi for your reply.
So, as you said best option would be apply for H1, wait till it gets approved. Travel to India once approval comes and get H1 stamped at India and return on h1 stamping(in October) to work for the H1 employer.

Meanwhile in India can I work with my previous employer? Will there be any issues for H1 stamping as I will be having L1 petition also?

Hey ,
we both are in same shoes and i didn't find required information.