Switching from L1B to H1-B with unused H1B petition


keshavanarra

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Hi,

 

My employer filed both L1-B and H1-B during March 2012 as chance of L1-B approval is uncertain. My H1-B petition got approved but attended the visa interview for L1-B as I have to come to US sooner, I got my L1-B approved and came to US in July 2012. Now I am planning to visit India during next year Jan to Feb 2015.Can I use my unused H1-B petition? If so when is the best time to start the process.

 

Thanks,

Keshav

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Hi,

 

My employer filed both L1-B and H1-B during March 2012 as chance of L1-B approval is uncertain. My H1-B petition got approved but attended the visa interview for L1-B as I have to come to US sooner, I got my L1-B approved and came to US in July 2012. Now I am planning to visit India during next year Jan to Feb 2015.Can I use my unused H1-B petition? If so when is the best time to start the process.

 

Thanks,

Keshav

Yes, employer has to file a cap exempt H1B petition and get approval for you to be on H1B status. Time for processing: 3-4 months in regular processing and 15 calendar days by premium processing.

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  • 5 months later...

Hi,

My plan to india is confirmed. Can attend H-1B visa interview during my india trip or reenter to US on L-1B and start H-1B conversion process later. which option will you recommend?

 

Also,in case employer filed a cap exempt H1B petition and got approval to be on H1B status. Once I get this approval will my existing L-1B visa get invalid or still I can travel on L1-B visa. Now I am really worried about this since I booked tickets in British airways through which I can't travel on expired visa. 

 

Thanks in advance.

Link to comment

Hi,

My plan to india is confirmed. Can attend H-1B visa interview during my india trip or reenter to US on L-1B and start H-1B conversion process later. which option will you recommend?

 

Also,in case employer filed a cap exempt H1B petition and got approval to be on H1B status. Once I get this approval will my existing L-1B visa get invalid or still I can travel on L1-B visa. Now I am really worried about this since I booked tickets in British airways through which I can't travel on expired visa. 

 

Thanks in advance.

First check with employer whether they revoked H1B petition before you go for H1B stamping. Revoking a petition will not have an effect on your future cap exempt H1B petition. If petition is revoked then employer has to file a cap exempt H1B petition and needs to get approval before you can go for H1B visa stamping.

You need to decide after discussing with employer on what visa you would like to enter US. If you enter US with a valid L1B visa and I797 and later wants to move to H1B then employer has to file a cap exempt H1B petition with COS.As long as consulate does not cancel your L1B visa it is considered valid.

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