L1B-H1B Transfer Consular Processing

[knowtherule]

Hi ,

I am currently on L1B VISA valid until 2014 DEC with employer A. I have H1B petition approved from employer B under consular processing mode. I need to go out of US and renter US with H1 stamping to start working on my H1 VISA. My question's are

1. Can i reenter US on my L1 VISA even if H1B stamping is not approved ?
2. Can i apply for COS after entering US with same H1B petition without need to undergo again H1B CAP processing ?

[Nattybone]

Hi ,

I am currently on L1B VISA valid until 2014 DEC with employer A. I have H1B petition approved from employer B under consular processing mode. I need to go out of US and renter US with H1 stamping to start working on my H1 VISA. My question's are

1. Can i reenter US on my L1 VISA even if H1B stamping is not approved ?
2. Can i apply for COS after entering US with same H1B petition without need to undergo again H1B CAP processing ?

Hello, Knowtherule.

You could try filing an amended petition and changing Consular Processing to Change of Status (COS).

Answering your question: 1) Rejection of one visa does not lead to cancellation of the existing visa. Unless, something specifically done or mentioned by the USCIS or visa officials. So, in the event of H1B rejection, your L1 does not by default cancel. Yes, the visa officer might choose to cancel the L1 too. Their discretion.

2) If your H1 petition is approved, you do not have to undergo Cap for 6 years. You could do a COS right now too with an amended petition.

I hope this helps.

Wishing you luck.

Cheers,