Travel on L1 after H1 approved - Urgent

[krish_dh]

Hi,

I have a valid L1 till 2013 for company A, I filed my H1 through company B and got my H1 approved also and not stamped yet.

I am currently out of US. Now i need to travel through company A during Aug 2012 to US on L1.

1. Will there be any problem at the POE since my H1 is approved, but I don't have any h1 stamp in my passport.

2. Can I enter US with my L1 and apply for COS durng last week of september ?

3. If I enter into US during August on L1 will my H1 approval be invalidated?

Please suggest.

Thanks

Gopi

[Attorney_23]

If a foreign national enters in valid L1 status to work for the L1 employer, this generally would have no impact on an approved H1B petition. Ordinarily, a person in L1 status may file a petition to change status in the U.S. to H1B.

[karthi87]

Hi,

I am in L1B visa and my visa expired last year, but i have valid i-94 till Aug 2013. I am planning to apply new H1B visa through another employer. Meanwhile my current employer arranges new L1B or L1A visa. So below are my questions.

1. If i go out of country by Aug 2013 and get L1 stamped, can i use the approved H1 from Oct 1?

2. If L1 visa not approved during Stamping, i am planning to come to US with H4 (Using my spouse H1), can i use approved H1 from Oct 1 without COS?

3. if i change my status to H4 (Using my spouse H1) by Aug without going out of country, can i use H1 from Oct 1 without COS?

[Attorney_23]

If the H1B petition is filed for change of status, you may be able to perform COS after leaving U.S. and returning in L-1 status. However, it depends upon the timing (the "last action rule" can get a bit complicated!) I suggest you schedule a consult with an attorney to review the various scenarios and determine how best to proceed to protect your interests.

[robinhood007]

Please help,

I am in the same boat currently, Can u please help me by answering my question.

Currently i am in US and My H1 is Approved in dec 2012 and got my I-797 with new I-94.

My L1 is valid till April 2013 and i need to travel urgently India on Jan 2013 and Come back in Feb 2013.

My Question is Can i am able to come back on L1? if yes than what happned to my H1 status, can i again apply COS to H1?

Appreciate your help in advance.

[Attorney_23]

I would need more information to answer your question, raaz. You may need to schedule a consult with one of our attorneys to discuss your situation in more detail.