Applying for new H1B 2013 - Currently hold L1B visa but in India now

[riteshdas]

All,

I have been in the US for the last 3yrs and came back in Feb 2013 to renew my visa. I have my L1B visa extended. Due to project requirements I need to stay in India till Aug-Sep 2013. I am also looking to apply for H1B in 2013. Many companies are backing out because they are not sure what to do in my case, I dont think my situation is very complex - I would appreciate it if some one would give some clarity on the below points:

a) If a company sponsors my H1B in Apr 2013 and assuming it gets approved by Sep or so.. If I am still in India - I just need to attend a visa interview at the consulate?
b) What would I have to do if by the time my H1B petition is approved, I am in USA then - Do I need to come back to India for visa interview? or can a change of status be done at a later point ie in Sep 2013?
c) If my H1B petition is approved/denied would it effect my L1B visa in any way?


Thanks in advance

DR

[raghvi]

All,

I have been in the US for the last 3yrs and came back in Feb 2013 to renew my visa. I have my L1B visa extended. Due to project requirements I need to stay in India till Aug-Sep 2013. I am also looking to apply for H1B in 2013. Many companies are backing out because they are not sure what to do in my case, I dont think my situation is very complex - I would appreciate it if some one would give some clarity on the below points:

a) If a company sponsors my H1B in Apr 2013 and assuming it gets approved by Sep or so.. If I am still in India - I just need to attend a visa interview at the consulate?
b) What would I have to do if by the time my H1B petition is approved, I am in USA then - Do I need to come back to India for visa interview? or can a change of status be done at a later point ie in Sep 2013?
c) If my H1B petition is approved/denied would it effect my L1B visa in any way?


Thanks in advance

DR

The reason some employers may be backing out is because you would not get H1 for 6 Years, you would get it only for 6 Minus time already spent in L1 status.

a. Yes if you want to work for H1 employer. Remember, when you go for H1 stamping your L1 will get cancelled, sometimes even before deciding on your H1 visa.
b. You would have to initiate a L1 to H1 COS.
c. Petition approval/denial will not affect your L1. Its only when you go for H1 stamping the existing L1 in your passport will be marked cancelled.

This is my opinion not legal advice.

[riteshdas]

The reason some employers may be backing out is because you would not get H1 for 6 Years, you would get it only for 6 Minus time already spent in L1 status.

a. Yes if you want to work for H1 employer. Remember, when you go for H1 stamping your L1 will get cancelled, sometimes even before deciding on your H1 visa.
b. You would have to initiate a L1 to H1 COS.
c. Petition approval/denial will not affect your L1. Its only when you go for H1 stamping the existing L1 in your passport will be marked cancelled.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for your response -
for a) Could you please explain what "sometimes even before deciding on your H1 visa."
b) So you are saying a COS can be initiated at a later time without me going back to India?
c) If my H1B visa is rejected for any reason - would it invalidate my L1B visa too?

Thanks

[raghvi]

Hi Raghvi,

Thanks for your response -
for a) Could you please explain what "sometimes even before deciding on your H1 visa."
b) So you are saying a COS can be initiated at a later time without me going back to India?
c) If my H1B visa is rejected for any reason - would it invalidate my L1B visa too?

Thanks

1. Though rare its possible that the Visa officer cancels your L1 before deciding on your H1 and later durign course of H1 interview decides to reject H1 or put in admin processing.
2. Yes it is possible.
3. As said in point 1 there is slim chance it may happen.

This is my opinion not legal advice.