L1 to H1 and stamping question

[nchhabria]

I am on L1 visa, expiring on Aug 2013. I have filed for H1b in this this yr's quota. If USCIS approves the petition around end of September, then I thought of getting it stamped in Oct.

My plan was to first make sure if H1 stamping goes fine and then give my resignation to my existing employer. So suppose if H1 stamping is approved in Oct, will I be able to come back on my L1 visa and serve a 1 month notice to my existing employer ? If not then what is the best possible way I can go about this.

[laskan2k]

First of all, unless you prefer, you don't have to go for stamping now as i think yours is a COS from L-1 to H-1.

Also, your L-1 visa will be cancelled if you are getting your H-1 stamped so you can no way enter back on L-1.

Also, if you prefer to stay in the US, you have to switch to your new employer atleast by Oct 15 if your H-1 gets approved before Oct 1st.

Hope this helps.