L1 to H1 COS applied, but need to visit India requesting for suggestion how to proceed for this case.

[L1BtoH1]

Dear All,

My Employer has filled L1 – H1 COS and it has been accepted by USCIS. The issue is that I need to travel back to India due my family comments so I was thinking to go for Premium processing and after approval fly back to India and in October attend the Visa interview and get the stamping done in India. I know its sound simple but I’m worried that the process may not be as simple as I’m thinking.

My queries are:

1. Is it best to go for Premium processing and get approval?
   
2. If there is a RFQ in the premium processing and how long will it take to for the process to complete.
   
3. If it’s approved can I fly back to India and attend Visa stamping in India.
   
4. Will there be any hurdles in the visa stamping in India for this kind of case.
   
5. What will be worst case, should I have to give up the visa as my trip to India is very urgent?
   

So I request for your suggestion as how to proceed for this case and share your experiences as someone would have gone through it.

Thanks for your suggestions & support.

[cooltoo8190]

1. Yes, best to go for PP

2. Once you upgrade to PP, USCIS will either approve/deny/RFE in 15 days. If it is an RFE and they asked for some docs, once u submit the docs after that within 15 days u will get response. Normally if application was filed correctly with all the documents/letters etc u should get approval easily.

3. Earliest u can go for interview is 90 days before H1 start date so anytime after July 1st

4. Depends on case to case

5. Worst case is a) your H1B petition will not get approved b) petition approved but H1B stamping delayed/denied.

[L1BtoH1]

Cooltoo,

Thanks for the info. I forgot to mention that my L1-B visa has expired and I'm on I-94 so if i apply PP

1. Will there be high changes of H1-B deny?
   
2. What is the meant by Consulate processing?
   

Thanks for your suggestions & support.

[cooltoo8190]

1. No issues. If you apply through PP there wont be any issues. Visa is just an entry document to US. Your legal status depends on I-94 which is valid

2. Consular processing means attending visa interview. You should have you done this for getting L1B stamped on ur PP.

[L1BtoH1]

Cooltoo,

Thanks, if the visa is approved and i returns to India will this case be considered as Consular processing?

Thanks for your suggestions & support.

[cooltoo8190]

Yes.

[L1BtoH1]

Cooltoo,

Thanks, I think my employer they won’t agree for Consulate processing and I need to go back to India so what is the best way to handle the issue should I go back to India without doing anything or can they take back the application.

Thanks for your suggestions & support.