L1 Expires on Sept04-H1 Approved but,awating proof of leagal status

[devenderthota]

Can some one please advise for the below case,

My situation is like this..
#1) L1 expires on Spet-08 , extension is under process We got RFE and we are replying to that on Aug-13.
#2) Applied for H1 it got approved this year with COS, but as the L1 expires on Sept-08, they put my case on hold and asked for Leagal proof of L1 extension. (Which i dont have now coz..my current exployer does not know about my H1 application.So i cant provide this at all.)

So, If at all my L1 gets rejected , then i will be having one month to leave the country , and i have all my H1 Petition papers by that time and my case ont be COS any more , below are my questions....for ur advise...

Q#1 ) Can i go to Mexico and have my H1 stamped without going to India?
Can i get it transferred to my current employer after that ? (Dont want to join H1 employer now).

Q#2) What if my H1 gets rejected in mexico ? Can i enter US ? if not will there be any problems to go back to india from there?

Please advise

[txh1b]

1. No because you will not have a status in US if L1 is rejected. H1b can be transfered after it is approved but you have to leave the country to not accumulate unauthorized stay if L1 gets denied.
2. You have to go to your home country directly and will not be allowed into US.

[devenderthota]

Thanks TXh1b,

When can we start booking VISA appointment dates in india? i mean is there any start date when US Consulates will open windows for 2008 h1 applicants to schedule appointment ?

My plan is, if at all my L1 gets rejected, i have one month to leave the contry right..so i will book the date from here only with-in that one month in india and get my H1 stamped there and transfer it to my current employer (not H1 consultant), and come back here in the same position ?

Please adivse if my understanding is correct or i am i going wrong any where ?

Thanks,
Dev

[txh1b]

My plan is, if at all my L1 gets rejected, i have one month to leave the contry right..

Not correct.

You can book 90 days in advance. Google for VFS FAQs.