L1B to H1B Transfer while travelling to India

[umesh0121]

Hi,

I am currently on L1B VISA stamped till mid 2013 with employer A. I am planning to get an H1B with a sponsor. If I am traveling to India in June-July 2012 and the sponsor starts my H1 before before I leave the country then do I have any issues while returning? I have a valid L1B stamped but not clear if the H1 with COS is filed, then will the COS be abandoned or there is no harm in doing so...

Also, can I just file a H1 w/o COS and will that work in my case?

Please help and assist.. I want to come to a decision soon at the quota is running fast and I do not want to take a chance..

Thanks in advance for your responses..

[livliv]

As you have correctly identified, this creates a confusion on whether change of status remains valid or not.

The best way to avoid all confusion is to file H1 after you return, but the risk is that cap will get over by then.

Another way is to change your travel plans such that you can obtain H1 Visa while abroad and return in H1 status to work for the new employer on or after Oct 1.

[umesh0121]

As you have correctly identified, this creates a confusion on whether change of status remains valid or not.

The best way to avoid all confusion is to file H1 after you return, but the risk is that cap will get over by then.

Another way is to change your travel plans such that you can obtain H1 Visa while abroad and return in H1 status to work for the new employer on or after Oct 1.

Thanks for the reply.. But when you say stay abroad and obtain the H1 and return back after Oct 1 means get the H1 stamped and then return to US??

Also, looking at the current decline rate of H1 and L1, chances of getting the H1 stamped is very low and getting a query is very high..

Can i do this:

Apply for a fresh H1B... Till I return, it will definitely not be approved.. So, i will return on valid L1.

The do a PP for the applied H1b.. once that is done, do a PP COS on the approved H1b...

Is the above case valid.. or there are any loop holes..

Thanks again..

[livliv]

Thanks for the reply.. But when you say stay abroad and obtain the H1 and return back after Oct 1 means get the H1 stamped and then return to US??

Yes

Also, looking at the current decline rate of H1 and L1, chances of getting the H1 stamped is very low and getting a query is very high..

If your employer can provide evidence of valid client project, getting the Visa should not be difficult. There is no such 'decline rate'.

Can i do this:

Apply for a fresh H1B... Till I return, it will definitely not be approved.. So, i will return on valid L1.

The do a PP for the applied H1b.. once that is done, do a PP COS on the approved H1b...

File H1 as consular processing, return in L1 status and then amend the petition to change status. Amendment may take 2 to 3 months and PP may not be available.

Is the above case valid.. or there are any loop holes..

Thanks again..

See above.

[umesh0121]

Thanks for your feedback.. Let me know if there is anyother way this can be dealt with..