L1 to H1 COS

[nchhabria]

I am on L1 visa, expiring on Aug 2013. I have filed for COS to H1b in this yr's quota. Assuming it gets approved by end of Sept, is it ok if I travel out of US for a week, after Oct 1st, and come back on L1 visa, work for my existing employer for a month and then switch to the new employer around Nov. I know my H1 needs to be stamped when I re-enter US, but just wanted to confirm if this can be an exception, because my L1 visa is still stamped on my passport.

[JoeF]

If you enter on L1, you would be in L1 status. To change to H1, you would have to leave the country again, get an H1 visa, and use that to enter. Or the employer could refile the H1 with change of status.

[kattu786]

I am on L1 visa, expiring on Aug 2013. I have filed for COS to H1b in this yr's quota. Assuming it gets approved by end of Sept, is it ok if I travel out of US for a week, after Oct 1st, and come back on L1 visa, work for my existing employer for a month and then switch to the new employer around Nov. I know my H1 needs to be stamped when I re-enter US, but just wanted to confirm if this can be an exception, because my L1 visa is still stamped on my passport.

You have to start working with the H1 employer from 1st Oct , no grace.If you want to travel you can go on 30th Sep to prevent any out of status issues.After that its your decision whether you want come back on L1 or H1 .But if you go for H1 stamping they would cancel your L1 visa.