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L to H conversion – Query on I797B Consular Notification

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  • L to H conversion – Query on I797B Consular Notification

    My Employer applied for L to H conversion (with COS) and picked up in lottery. I am planning to travel India due to personal emergency just for a week and would like to know what are the chances getting approved my petition with consular notification due to my departure during my COS.

    Also if petition is approved with Consular notification and If I have valid I94 and Max-out, Can I legally stay still my I94 expires or depart the country and getting stamping done?

    I am traveling in next couple of weeks and still nervous , so your response is highly appreciated.

    Thanks.

  • #2
    Originally posted by apkp123 View Post
    My Employer applied for L to H conversion (with COS) and picked up in lottery. I am planning to travel India due to personal emergency just for a week and would like to know what are the chances getting approved my petition with consular notification due to my departure during my COS.

    Also if petition is approved with Consular notification and If I have valid I94 and Max-out, Can I legally stay still my I94 expires or depart the country and getting stamping done?

    I am traveling in next couple of weeks and still nervous , so your response is highly appreciated.

    Thanks.
    You havent mentioned any dates in the post. When is your L1 visa expiring? When is your L1B I-94 expiring? When is your Maxing out? What maxing out are talking about L1B 5 Years or L1+h1 6 Years? If L1 and H1 employer same?

    If you travel before the COS approval, the COS is deemed abandoned. Now this is in theory, but there are chances that USCIS doesnt get informed timely about your departure they may still go ahead and approve a COS.

    This is my opinion not legal advice.

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    • #3
      Thanks raghvi.

      My L1B Visa Expires on October 2015 and my current I94 is valid till 2017 September and max out date 2019 August. L1B andH1B with the same employer.I am talking about L1B maxout

      If petition is approved with Consular notification(due to my departure) and If I have valid I94 and Max-out, Can I legally stay still my I94 expires or depart the country and getting stamping done?
      Last edited by apkp123; 05-21-2015, 11:40 AM.

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      • #4
        I have received my H1B approval yesterday. So No issues. Thanks for your help.

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