L1 to H1 transfer - COS - Travel to India for H1 stamping after the approval

[cayoga]

Hi,

I have L1 visa stamping valid until 2014 through an employer A. I had H1B COS applied through employer B and got it approved. Once its approved, I have come to India and planned to get H1B stamping. I have already completed nearly 4 years 10 months in L1. Considering the stay in L1, my H1B got approved only for 11 months (a week less than 11 months)

I need help on the following:

1) When I appear for H1B stamping, if my H1B gets rejected for some reason, will my current L1 stamping still be valid? I understand that the L1 visa gets cancelled if my H1B is approved.

2) What will be the ideal answer if I am asked why I am going for H1B stamping when the petition is valid only for 11 months. The employer B who applied for H1B is planning to apply for GC when I start. Can I say this during the interview if VO asks this question.

Appreciate your response.

Thanks!

[Belle]

1) Your L1 visa does not get cancelled when H1 is approved. Only if you apply for a change of status (COS) petition to H1, and it is approved, your L1 status is no longer valid (and only because you can't have L1 status and H1 status simultaneously). Your L1 approval or L1 visa stamped are not impacted by either. It is not clear, actually, if your H1 COS was approved. it seems that only H1 got approved.

2) Your correct answer is - I am applying for entry fro 11 months because that's the time H1 was approved for. In other words - look at the merit of the petition and mind your own business. It is really none of their business whether your employer is planning to file anything or maybe you are just planning to leave the country after 11 months.

[cayoga]

Thanks Belle for your response.

Regarding Question 1) I have applied for COS from L1 to H1. Once I go to India after the COS is approved, when I appear for H1 visa stamping, will the current L1 stamping on my passport be valid if my H1 visa stamping gets rejected based on the COS H1 petition?

Please clarify. Appreciate your response!