L1 to H1 Transfer and H1 visa stamping issue

[maddyanalyst]

Hi,

 

I came to US 3 years back on L1B visa from Company A. Last october I got my H1B visa from a small consultancy company B. As my H1 employer and I was not aware that I can not work on L1 once my H1 is approved, I continued working on L1  and resigned in start of  December and moved to H1. 

 

I need to go to my Home country for some personal issue in July 2014, and since my H1 visa is not stamped I will have to go for visa stamping.

 

Now I have few questions :

 

1. If I carry all the valid documents including Client letter, W2 and pay stubs, Will there be any issue in getting my H1 visa stamped, because of the over lap of L1 and H1 form Oct 2013 to Dec 2013?
2. My wife is also on H1 and has her visa stamped. So in case I face issue on my H1 stamping, can I come on H4 and after coming to US apply for change of status back to H1 as I will be out of H1 cap now?
3. Will it be fine, if to be on safer side, I go directly for H4 stamping and not H1 stamping and come to US and apply COS back to H1?

Appreciate your help on my Queries.

[jairichi]

Hi,

 

I came to US 3 years back on L1B visa from Company A. Last october I got my H1B visa from a small consultancy company B. As my H1 employer and I was not aware that I can not work on L1 once my H1 is approved, I continued working on L1  and resigned in start of  December and moved to H1. 

 

I need to go to my Home country for some personal issue in July 2014, and since my H1 visa is not stamped I will have to go for visa stamping.

 

Now I have few questions :

 

1. If I carry all the valid documents including Client letter, W2 and pay stubs, Will there be any issue in getting my H1 visa stamped, because of the over lap of L1 and H1 form Oct 2013 to Dec 2013?
2. My wife is also on H1 and has her visa stamped. So in case I face issue on my H1 stamping, can I come on H4 and after coming to US apply for change of status back to H1 as I will be out of H1 cap now?
3. Will it be fine, if to be on safer side, I go directly for H4 stamping and not H1 stamping and come to US and apply COS back to H1?

Appreciate your help on my Queries.

1. You have 2 months to report to H1B employer after H1B start date. But, working in the meantime for L1 employer was illegal.

2. Yes, you can enter on H4 visa. But, COS has to be applied by employer and not you and H1B fee has to be paid. You will be cap exempt.

3. Refer 2.