Travel abroad with L1B to H1B COS approved.


A_Singh

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Hi All,

 

I have been following this forum and found many posts related to this topic, but could not find a simple scenario been asked/answered. Can someone help me here?

 

I am currently working with company A on an L1 Visa that is valid till 2015. Company B filled a COS to h1B (premium) and i received an approval notice with the effective date of 01st October 2014. 

 

I am planning to resign from company A(L1B) in September with my last working day as 26th September.  I will be travelling abroad with H1B approval documents and coming back to US in mid november 2014 to join company B.

 

As per my understanding of all posts i read in this forum,

1. i can travel since the COS is already approved

2. i should get the H1B stamped while i am abroad and be back in US in November to join company B on H1B visa. 

 

 

The concern i have is:

 

Since this is change of status, what if company A revokes my L1B after my resignation before 30th september, would the COS still be valid? i am assuming change of status is from one visa type to other, if L1B in itself is not there on 30th september, would the COS be applicable?

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When you will like to enter US you will need to have a valid relevant visa. In your case you need to have a valid H1B visa and I797 to enter US and work for H1B employer as your cannot enter using L1B visa as your L1B job is no longer available.

Thanks Jairichi for your reply.

 

Do you se any issue if i leave US on 26th september ? i mean i will not be in the US on 01st october 2014, the day COS is scheduled to be effective? I understand that to enter US again (post 01st october), i should be having the H1B stamped in the passport and can only work with the H1B employer (company B).

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Thanks Jairichi for your reply.

 

Do you se any issue if i leave US on 26th september ? i mean i will not be in the US on 01st october 2014, the day COS is scheduled to be effective? I understand that to enter US again (post 01st october), i should be having the H1B stamped in the passport and can only work with the H1B employer (company B).

No issue.

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