L1 to H1

[Abhishek1234]

I am presently on L1B Visa with Visa till Sep 2014 / I-94 upto Jan 2015.

 

My company is applying for H1B this year. 

My question are:

 

1. Does this bring any limitation to my travel to India in May 2014 and return in June 2014 on L1B itself provided i have got selected on lottery.

 

2. Do i have to be on US soil in March 2014 and 1st April 2014 when the H1B petition is filed.

 

Thanks

[jairichi]

I am presently on L1B Visa with Visa till Sep 2014 / I-94 upto Jan 2015.

 

My company is applying for H1B this year. 

My question are:

 

1. Does this bring any limitation to my travel to India in May 2014 and return in June 2014 on L1B itself provided i have got selected on lottery.

 

2. Do i have to be on US soil in March 2014 and 1st April 2014 when the H1B petition is filed.

 

Thanks

1 & 2. If your H1B petition is going to be filed as COS from L1B to H1B you need to be present in US at the time of filing. If your petition gets approved after your travel to India your COS will be denied. When you would like to start working on H1B status you would need to exit and enter US with a valid H1B visa.

[Abhishek1234]

Thank You.

 

If the petition in approved as H1B Consular Processing and i want to change the job after Oct 2014 then can the new employer file for an amendment of Consular to COS or i have to leave the country , get the stamping done and then enter US and join the new company

[jairichi]

Thank You.

 

If the petition in approved as H1B Consular Processing and i want to change the job after Oct 2014 then can the new employer file for an amendment of Consular to COS or i have to leave the country , get the stamping done and then enter US and join the new company

After Oct 2014 new employer has to file a cap exempt H1B petition along with COS. If COS is approved, as long as you stay in US there is no need to go for visa stamping. Only when you travel outside US and re-enter you need H1B visa.