L1 to H1 with travel plans and stamping question

[nchhabria]

Thanks to forum members who have been replying all this while. I have another situation hence seek your valuable advise.

My situation:

I am on L1 visa, valid till August 2013 (already stamped on passport). I have filed my H1B thru another employer (EC model) in May 2012, using COS, effective Oct 2012. I have marriage plans in August or Sept 2012. So I wanted to plan my trip in the best possible manner to handle the visa situation.

Plan 1:

To go for premium processing and get a decision by end of June 2012. If H1 is approved I wanted to go to India in August / Sept, get the H1 stamped, get married and come back on L1 visa and get my spouse on L2, in August / Sept itself. But I am not sure how feasible this plan is and if I will have to go for another stamping for my H1 and spouse's H4, after Oct 2012.

Plan 2:

Another alternative is that I don't get my H1 stamped in India in August/Sept and I come back on L1 and spouse on L2. Then go to Canada for H1 & H4 stamping around September or October 2012. I know in this approach stamping may not be required until I leave US. But I just want to make sure that stamping goes fine and then leave my old employer.

Please let me know if both these alternatives are ok and also if there are any suggestions you may have for a better approach.

[nineballs]

I think the first option is good. Just that, if you can, enter the US any day after Sep 20th on your new H1 visa. That way you won't have to file another COS.

I hope you realize that once you follow option one and enter on L1, you would need to file a Cos from L1 to H1. Also, at the port of entry it would be convenient to enter on h1 in your case, since you wud have both h1 and l1 stamped. I think it would be bizzare to get a h1 stamped and then enter on l1.

[nchhabria]

Ok but in option 1 when I am entering after Sept 20th I will have both H1 & L1 stamped, so the immigration officer will automatically provide the i-94 with my H1 dates or I will have to mention it specifically.

Also will I be able to give a 1 month's notice period to my L1 employer after Sept 20th. So I will be working on L1 in that month till the notice period is served. Wil that be ok ?