H1 approval while not in US

A

ashwin_k_kumar

New Member
Hi,

I am currently on L1 visa and working in US. I have a H1 sponsorer who is ready to sponsor the H1 visa. However I am going back to India in March and may or may not come back through my currently employed company. So since the visa processing takes place during this time when I am not there here, would there be any problems. I was thinking if the visa gets processed when I am in India, whether I can still resign my current job and get the H1B stamped and come back to work here?

Let me know if there are any other implications I need to take care of. Thanks in advance.

Regards
Ash
 
Thanks for the quick reply. The question to follow is if I get my Visa approved in august 2007 (random date) and only then I could book the date for consulate for stamping. If this takes till Dec (another random date), my L1 status is valid I guess. My L1 status will go automatically after I get H1 stamped. is that right?

Thanks
 
You have to separate status and petition.
Status is valid ONLY in the US, and petition is valid as long as you are meeting all the
requirement for that visa. L1 petition is valid as long as you are employed by L1 sponsor and it was not cancelled even after you gets H1 approval or H1 stamp.
 
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