L1B to H1B status change and Travel Queries

[bmdkannan]

Hi,

I am on L1B with I94 expiring on Feb 2014 from Company X, I found an employer Company Y and they have filed my H1B and my wife's H4 in May 2013 under regular processing with CoS effective from 1st Oct 2013.

My application got selected in lottery and right now its status is RFE. My employer Company Y has asked me to submit the required document.

Due to some urgent family reason we have to travel to my home country (India) after Oct 2013, once my H1B gets approved. My wife has to travel in mid of Oct 2013 and I have to travel in mid of Nov 2013.

While sending reply to RFE, can we convert our application from CoS to Consular processing and travel to India using L1B (after my H1B petition is approved) and come back again L1B? I dont want to go to stamping in India this year in Nov 2013 (bcas it may get rejected).

Once I am back from India by Dec 2013 using L1B and I would like to change my status from L1B to H1B without going out of US. I would like to go to stamping next year end (Dec 2014) when I go out of US.

Please advise the best possible way.

[jairichi]

Hi,

I am on L1B with I94 expiring on Feb 2014 from Company X, I found an employer Company Y and they have filed my H1B and my wife's H4 in May 2013 under regular processing with CoS effective from 1st Oct 2013.

My application got selected in lottery and right now its status is RFE. My employer Company Y has asked me to submit the required document.

Due to some urgent family reason we have to travel to my home country (India) after Oct 2013, once my H1B gets approved. My wife has to travel in mid of Oct 2013 and I have to travel in mid of Nov 2013.

While sending reply to RFE, can we convert our application from CoS to Consular processing and travel to India using L1B (after my H1B petition is approved) and come back again L1B? I dont want to go to stamping in India this year in Nov 2013 (bcas it may get rejected).

Once I am back from India by Dec 2013 using L1B and I would like to change my status from L1B to H1B without going out of US. I would like to go to stamping next year end (Dec 2014) when I go out of US.

Please advise the best possible way.

You do not need consular processing to go to India. But, when you come back since your COS has taken effect (as your trip is in Nov 2013) you have to enter with a valid H1B visa stamped in your passport. You can not enter with your L1B visa. If you do so you might be deported back with a ban

[bmdkannan]

if I get my H1B approved before 1st Oct 2013, I will start work for company Y's clinet. I am not sure whether I will get 2 weeks vacation in Nov 2013, as I will be in with that client/project very short term ( 1+ month).

 

thats y I would like to take vacation with my current company X, then come back to US and apply a CoS from L1b to H1 for the approved petition.

 

My question is whether my employer Y can amend from Cos to consular processing while replying for RFE?

[jairichi]

Hi,

I am on L1B with I94 expiring on Feb 2014 from Company X, I found an employer Company Y and they have filed my H1B and my wife's H4 in May 2013 under regular processing with CoS effective from 1st Oct 2013.

My application got selected in lottery and right now its status is RFE. My employer Company Y has asked me to submit the required document.

Due to some urgent family reason we have to travel to my home country (India) after Oct 2013, once my H1B gets approved. My wife has to travel in mid of Oct 2013 and I have to travel in mid of Nov 2013.

While sending reply to RFE, can we convert our application from CoS to Consular processing and travel to India using L1B (after my H1B petition is approved) and come back again L1B? I dont want to go to stamping in India this year in Nov 2013 (bcas it may get rejected).

Once I am back from India by Dec 2013 using L1B and I would like to change my status from L1B to H1B without going out of US. I would like to go to stamping next year end (Dec 2014) when I go out of US.

Please advise the best possible way.

And, your wife also needs to apply for a H4 visa before she enters US after Oct 2013