Maintaining L1 Status after H1B : consular notify stamping is dine

[raju.ch]

Hello,
I am currently on L1B Visa which expires in mid of october 2019 and company has filed for extension but got RFE and the documentation is still pending , also the same company filed H1B as well which is chosen through lottery but waiting for approval notice , lets say i get the approval notice by mid of July 2019 , below are the questions
1. can i get my visa stamped in August 2019 but travel on L1B as it is valid till 10/16.
2 can my wife stay here in US while i went out for stamping as her L2 is also valid till 10/16.
2. if yes, for H1B to get activated, should i travel outside US and come back again on H1B visa?
3. should my wife also reenter again during october along with me if i have to reenter or is there a way to avoid so that i alone can travel and process my wife’s H4 later?

Thanks for your response in advance.

[Libra_14]

1. can i get my visa stamped in August 2019 but travel on L1B as it is valid till 10/16.

Yes you can travel on L1B, provided they do not cancel your L1B visa after approving your H1B.

2 can my wife stay here in US while i went out for stamping as her L2 is also valid till 10/16.

Yes, she can stay in USA.

3. if yes, for H1B to get activated, should i travel outside US and come back again on H1B visa?

No, you can file for COS, while living in USA.

4. should my wife also reenter again during october along with me if i have to reenter or is there a way to avoid so that i alone can travel and process my wife’s H4 later?

You can manage to change your status without living USA.

[raju.ch]

Hi, Thank you so much for the reply and help.

one last question, how do we prevent them from cancelling it? is there a process involved?

[L1A_asp]

I think the new H1B will be applicable only from Oct 6th 2019.Isnt it?

[raju.ch]

as far as i know it is valid from october 1st and you can enter US 10 prior to October 1st which is September 20th.

[Libra_14]

Hi, Thank you so much for the reply and help.

one last question, how do we prevent them from cancelling it? is there a process involved?

You will probably be asked during your H1 stamping that do you still need your L1?, you need to frame an answer to prevent both visas.

as far as i know it is valid from october 1st and you can enter US 10 prior to October 1st which is September 20th.

Yes, it is applicable only when you do not have any other Visa & want to use your newly stamped H1 visa. Since you already have L1, you can still come earlier using his L1.

[raju.ch]

Thank you so much Libra for the reply. it helps alot.

[arunih]

raju.ch
were you able to retain your L1b when you went for H1b Stamping ? Pls Update. Thanks!