L1 to H1 (COS) - decision pending - Travel to India

sm2012

By sm2012,
in H1B : General

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sm2012

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Hi experts, Need your advice.

I am on L1 working for company-A. My L1 visa expires in March 2014 and my I-94 expires in April 2014. I am in US since Dec 2007. My company filed for GC. Filed for I-485 (AOS) and I have a EAD. EAD expired last week. Filed for EAD extension about 6 weeks back but still waiting for my renewed EAD. This is the current state.

My company has filed for H-1B COS (change of status). I am still not sure whether it is accepted based on the lottery. I am planning to go to India. I have the following questions (in the order of worst to best case scenarios? ) Can someone answer these questions please.

a) If I leave to India and if my H1B is not accepted, can I come back on L1 which is valid till Mar 2014. I guess so.

b) If I leave to India and if my H1B is accepted but decision is pending (i.e receipt # available but the approval decision is pending), can I come back on L1 which is valid till Mar 2014. In this case my COS will become void and a decision is made jut on the H1B petition and not on the status. Is it correct?

c) If I leave to India and if my H1B is accepted but not approved ( either RFEs or rejected) while I am in India, I guess I can come back on L1. Right?

d) If H1B is accepted and approved in the next 2-3 weeks (before I go to India), I get new I-94 based on H1. which most unlikely the case, Can I get the H1 visa stamping done in India, come to US on L1 (as H1 is valid only from 10/1/2013). In this case will my L1 status changes to H1 automatically on 10/1/2013? I asked this question because, in this case my COS would have got approved but will be entering into US on L1.

e) If H1B is accepted and approved (just the petition) while I am in India, Can I get the H1 visa stamping done in India, come to US on L1 (as H1 is valid only from 10/1/2013). In this case will my L1 status changes to H1 automatically on 10/1/2013? I guess not as COS would have void as I left US while decision was pending. Correct?

f) In cases where the status is not automatically changed from L1 to H1 on 10/1/2013, is it a must to go out of the country and get the visa stamped (if not done already) and enter US with H1 status? If it is needed, Can this be done between Oct 2013 and March 2014 (my L1 visa expiry date) ? OR is it a must to be on H1 status on 10/1/2013?

g) In case if the H1 visa is rejected, can I still come back to US on my L1?

Thank you.

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