L1B to H1B transfer with COS

[parags]

All,

 

I have a question on L1B to H1B transfer and need community suggestions.

 

Here is my case-

I came to USA on L1B blanket petiton in 2009 as internal company transfer and my family joined me on L2. I have already got an L1B extension back in 2012 and my current L1B visa and I94 are valid till may 2015. Same for my family.

However due to L1B work permit limitation I am allowed to work in US till Oct 21st, including all foreign travel outside USA, recapture time.

 

This year I got into H1B lottery and I also got my H1B papers ready with me for stamping. H1B was applied with consular process as my company alredy tried for my L1A which got rejected recently.

I do not have any immediate plan to travel india for H1B stamping, however I need to activate my H1B before 21st October.

 

I need suggestion if it can be done by traveling Canada and re-enter USA.

What it takes to travel Canada on Visitor Visa, I was checking current process time from Canada Consulate in LA and it was 30 days.

 

I am not sure if I apply for Canada Visa I will get on time before 21st october.

 

Kindly suggest.

[jairichi]

Getting a Canadian visitor visa before 21st Oct will be a gamble. You can go to Jamaica or home country.

[itsmeusa]

If your COS is approved, you would be out of status starting 21st Oct. In your case, you need to (definitely, no other option) exit US with your family. Go for H1b / H4 visa stamping. Re-enter US on H1b / you family on H4. 

[parags]

All,

 

Thank you for providing the requested information.

 

I got confirmation that COS is not possible from Canada Consulate.

It was very well mentioned on Mexican/Jamaican Consulate website so there was no confusion.

 

It is advisable that COS should be done from Home contry, I am not sure if it is mandatory.

 

Under these circumstances in order to continue with my work authorization; I need to file H-1B COS petition and H-4 COS petition for family to change status effective Oct 1 2014.

I guess legal term is activating H1B.

 

So in near future when I plan to visit India I will get stamping done.

[jairichi]

All,

 

Thank you for providing the requested information.

 

I got confirmation that COS is not possible from Canada Consulate.

It was very well mentioned on Mexican/Jamaican Consulate website so there was no confusion.

 

It is advisable that COS should be done from Home contry, I am not sure if it is mandatory.

 

Under these circumstances in order to continue with my work authorization; I need to file H-1B COS petition and H-4 COS petition for family to change status effective Oct 1 2014.

I guess legal term is activating H1B.

 

So in near future when I plan to visit India I will get stamping done.

COS has to be filed by employer and employer has to pay H1B fee again.

[parags]

You are right Jairichi.

My employer is filing another H1B