H1 Transfer from L1

[SriJon]

Hi, I have L1 visa which is valid till Jun-2014 and maxing out in Jun-2014 as well. Now, my employer is filing for L1 to H1 conversion in Apr-2013. If this H1 petition is approved, it will be valid from 1st of Oct, 2013. However, if go to India in May-2013 or June-2013, I need to go for L1 stamping (I extended my current L1 in Sep-2012). Does it abandon my H1 petition? My H1 petition will be cancelled? Please advice and thanks a ton in advance.

[0407]

H1 Petition won't be cancelled if you leave the country (and if you get L1 Stamp).

When you leave the country COS is abandoned. Meaning you will not get new I-94

and hence you won't be on H1B on Oct 1 and will still be on L1

[SriJon]

Thank you 0407. I will leave the country for 2 weeks in June probably. I have already applied for H1B this year. If I get H1, it will be valid from 1st of Oct. What are my best options now so that my COS from L1 to H1 is not impacted? Thanks much in advance.

[0407]

If you leave the country COS will be rejected and you will get H1B I-797 for consular processing

[Attorney_23]

USCIS has taken the position that traveling after a COS petition has been approved, but before it takes effect does NOT abandon the COS request. However, traveling while the COS petition is still pending does abandon the COS request.

[SriJon]

So, should I wait until October 1st to travel to India? Or how soon can COS takes place?

[SriJon]

0407-what is consular processing? If I get i797, can't I i94 with that?

[0407]

You need not always get I-94. Getting I-94 allows you to continue in US after changing the employer.

If at any time you were out of status, USCIS might just approve H1B and would want you to exit

the country and enter on a existing H1B stamp (get a new H1B stamp if you don't have one)

In your case, you would have abandoned COS when you exit the country when COS was pending.

So USCIS will issue an approval without I-94. You would need to enter on a H1B stamp later on,

in order to join employer