Want to cancel L1 to H1 when H1 gets approved after October 1st

[sanjayag]

I am on L1 visa through company A, company B has processed by H1 visa that is in RFE status. it is unlikely that COS will change before October 1st 2013. I am in USA and do not want to join H1B employer. I have learnt that if H1B get approved on Oct 1st, I can exit US before Oct 1st and enter after this date. 

 

1. How long does it take to gets H1B approval if my employer responds to RFE by October 15th(Both in normal and premium)?

 

2. Suppose H1 B gets approved on Oct 30, since when I94 will be effective? Whether USCIS gives I94 start date one or two weeks after approval date?

 

3. If I94 start date is October 31st, can I exit US on Nov 1st and come back in after 2 weeks on L1?

 

4. Please let me know all possible way to avoid L1 to H1 transfer.

 

Regards,

Sanjay.

[jairichi]

I am on L1 visa through company A, company B has processed by H1 visa that is in RFE status. it is unlikely that COS will change before October 1st 2013. I am in USA and do not want to join H1B employer. I have learnt that if H1B get approved on Oct 1st, I can exit US before Oct 1st and enter after this date. 

 

1. How long does it take to gets H1B approval if my employer responds to RFE by October 15th(Both in normal and premium)?

 

2. Suppose H1 B gets approved on Oct 30, since when I94 will be effective? Whether USCIS gives I94 start date one or two weeks after approval date?

 

3. If I94 start date is October 31st, can I exit US on Nov 1st and come back in after 2 weeks on L1?

 

4. Please let me know all possible way to avoid L1 to H1 transfer.

 

Regards,

Sanjay.

(1) In premium 15 calendar days.

(2) If approved on Oct 30th then your COS is effective from 31st October. I94 does not mean a start date but it is date till when you are allowed to be in that status in US.

(3) Yes, you can.

(4) Exit and enter US is a straight forward solution.