COS L1B to H1B Start Date


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My employer had filed for COS L1B to H1B petition in this year CAP. My petition was selected in lottery and has been approved, as per the status on USCIS website. They mailed all documents regarding approval on May 12. My L1B visa got expired on March 28 2014 and extension for the same has also been filed (in March itself) and currently it is in RFE state. So my questions are as below :

 

1) When my H1B petition will get valid from ?

2) If i got approval of H1B petition , does it mean that now my status is automatically changed as of May12, to H1B ?

3) If my status is changed to H1b , will i be able to travel to India and while coming back to US , i need to get my VISA stamped ?

4) Do i still need to submit documents for my L1B extension RFE ?

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My employer had filed for COS L1B to H1B petition in this year CAP. My petition was selected in lottery and has been approved, as per the status on USCIS website. They mailed all documents regarding approval on May 12. My L1B visa got expired on March 28 2014 and extension for the same has also been filed (in March itself) and currently it is in RFE state. So my questions are as below :

 

1) When my H1B petition will get valid from ?

2) If i got approval of H1B petition , does it mean that now my status is automatically changed as of May12, to H1B ?

3) If my status is changed to H1b , will i be able to travel to India and while coming back to US , i need to get my VISA stamped ?

4) Do i still need to submit documents for my L1B extension RFE ?

1. The earliest will be Oct 1st.

2. No. Only from Oct 1st.

3. Refer 2.

4. Absolutely.

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Thanks for the reply. I have another query w.r.t H1B CAP exempt petition.

I had H1B visa stamped in India and the petition was valid from Oct 2006 till Sep 2009. This was from my previous Indian employer and I had never used it to travel to USA.

So my questions are :

 

1) Can I file H1B CAP exempt petition through ouside consultant ?

2) If my CAP exempt petition gets approved, will it be applicable from the day it gets approved and I can start working as H1B worker (with my COS from L1B to H1B effective immediately ) ?

3) Will it affect or have any issues with my current H1B CAP petition that is approved and is valid from Oct 1 (from my current employer) ?

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Thanks for the reply. I have another query w.r.t H1B CAP exempt petition.

I had H1B visa stamped in India and the petition was valid from Oct 2006 till Sep 2009. This was from my previous Indian employer and I had never used it to travel to USA.

So my questions are :

 

1) Can I file H1B CAP exempt petition through ouside consultant ?

2) If my CAP exempt petition gets approved, will it be applicable from the day it gets approved and I can start working as H1B worker (with my COS from L1B to H1B effective immediately ) ?

3) Will it affect or have any issues with my current H1B CAP petition that is approved and is valid from Oct 1 (from my current employer) ?

1. Yes.

2. Yes, it is immediate.

3. Choose one H1B petition to go forward.

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  • 1 month later...

Hi All

This is in continuation to above thread where i asked whether I can file H1B CAP exempt petition through external consultant.

I have below questions regarding the same.

 

1) My consultant filed CAP exempt H1B petition, and it has went to RFE. And at the same time my L1B extension petition is also pending with USCIS after I submitted the RFE documents for the same. So my question is if my CAP exempt petition get denied, I will be still able to continue with my current employer who has submitted my L1B extension.

 

2) My consultant was saying that I need to go to consulate for VISA stamping if my COS petition gets approved without I-94. So my question whether that COS petition approval without I-94 will make my L1 status invalid or I will still have choice to which to choose to stay in US ?

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Hi All

This is in continuation to above thread where i asked whether I can file H1B CAP exempt petition through external consultant.

I have below questions regarding the same.

 

1) My consultant filed CAP exempt H1B petition, and it has went to RFE. And at the same time my L1B extension petition is also pending with USCIS after I submitted the RFE documents for the same. So my question is if my CAP exempt petition get denied, I will be still able to continue with my current employer who has submitted my L1B extension.

 

2) My consultant was saying that I need to go to consulate for VISA stamping if my COS petition gets approved without I-94. So my question whether that COS petition approval without I-94 will make my L1 status invalid or I will still have choice to which to choose to stay in US ?

1. Yes, provided your L1B extension is approved.

2. If COS is denied but H1B petition is approved without I94 you will still be on L1 status (if your L1 petition and I94 is still valid).

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  • 6 months later...

Hi All

 

Thanks for the responses which helped immensely. In continuation to my above threads I have the following questions :

 

1) My L1B extension which went on RFE, was eventually denied by USCIS. So I had two options that I could have gone with which were :

     a) To go for  stamping for H1B Cap exempt petition that was approved by USCIS without I-94 (which I filed through consultant)

     b) To return back to India from my currrent employer with whom I had L1B and extension for the same had been rejected by USCIS.

 

2) I opted for option b, where I returned back to India on July 19 as rejection notice came to me on July 16. Because my employer also filed H1B under April 2014 regular quota which got selected in lottery and petition for the same was approved on May 12 (as mentioned in earlier threads).

 

So my questions are as below :

 

1) Will my cycle be reset on July 19 2015 where I will be completing one year outside US and be eligible for fresh new 6 years ?

2) If not what is procedure or rule for cycle reset, if i want to pursue the same ?

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