L1I to H1B queries ..

[NewUserItsMe]

Hi,

Wish Happy New Year to Everyone.

I am currently in US with L1-Individual Visa from Company ABC which is going to expire on FEB-2014.

Since my current assignment is short term, I will be going back to India on 05-May-2012.

As per my current company policy there should not be any change in Visa Status while I am in US.

So, I cannot switch company while I am at US and I have signed bond on it.

I have to go back to India and legally submit my resignation letter in order to move out of my current company ABC.

Suppose, I get Job in US from Company XYZ and ready to do H1B for me now,

1. What is procedure for L1 to H1B? Is it just a Visa status change or same procedure of filling new H1B separately for me?
   
2. Will the current company (ABC) sense my new H1B filling from XYZ Company and Sue/fire me for violating policy?
   
3. Since I am definitely going back to India on 05-May-2012, what kind of H1B (H1B with COS or Without COS) will be suitable for my case in this year?
   
4. This is going to be my first H1B filing, so when can I legally good for Joining Company XYZ?
   

Please let me know if you have any questions or concerns on my queries.

Please enlighten me on my above queries.

Thanks.

[pontevecchio]

In your case the new company can file a H1 petition only after April,1 for a start date after October,1. Hence COS does not apply. You can come back with the H1 visa up to 10 days before the start date assuming your Petition is approved.