L1 to H1 COS first time to Canada

[Kar_12]

Hi,

I work for company A in L1B visa status, valid till march 2014. I have been in US for 20 months. I am planning to change my visa to H1B. My questions are,

1) after my H1B petition is approved, can i go to Canada in last week of September, try to get my stamping done even before starting to work on the approved H1B petition, come back to US and then start working with my new employer? I dont have a degree from US.

2) In worst case scenario, if H1B is not approved in Canada, can i still enter US with the valid L1 visa and continue working for my current employer A?

Can someone please answer my questions, it would be really helpful.

[test_acc]

1) If you file COS from L1B to H1B - the day your petition is approved - you automatically become a H1B candidate. Your L1B is suspended. Yes - you can go to Canada to get your stamping done for H1B. (But you can continue working in US even without stamping on the basis of the I797 and new I-94)

2) If you go to Canada and your stamping is rejected, you cannot return to US on L1B visa.