L1-H1:Premium Processing with COS

[katarnaak]

Hello,

I am on L1 (valid until May 2008) and wish to convert it to H1 this April 2007

I understand that if i leave US while COS is pending than COS gets void.

Questions:
Is it possible to get COS approved by 15 May 2007 using PP ?

If i apply COS with PP and assuming that my COS gets approved by 15th May can I leave US in July without COS getting void?

And if I re-enter US in August, on which status should I re-enter, L1 or H1 ?

thanks in advance
-K

 

[SetMax]

Hello,

I am on L1 (valid until May 2008) and wish to convert it to H1 this April 2007

I understand that if i leave US while COS is pending than COS gets void.

Questions:
Is it possible to get COS approved by 15 May 2007 using PP ?

Not possible, as new visa nos will be available effective Oct 1. i.e. your COS can not be effective before Oct 1. Although its approved earlier.

If i apply COS with PP and assuming that my COS gets approved by 15th May can I leave US in July without COS getting void?

Again... although its approved ... it will be effective sometime after Oct 1

And if I re-enter US in August, on which status should I re-enter, L1 or H1 ?

If you want to enter in Aug... it must be L1, as H1 will not be effective then

thanks in advance
-K

 

[katarnaak]

thanks SetMax for the reply

so, there is no way i can go out of US from april to 1st Oct if I apply for H1 with COS.

what happens after 1st oct ? i mean i cannot go out immediately right ? Do i have to work for 3 months get the pay stubs and get the visa stamped to go outside... is it the way it works ?

thanks again
-K

 

[SetMax]

thanks SetMax for the reply

so, there is no way i can go out of US from april to 1st Oct if I apply for H1 with COS.

what happens after 1st oct ? i mean i cannot go out immediately right ? Do i have to work for 3 months get the pay stubs and get the visa stamped to go outside... is it the way it works ?

thanks again
-K

Doesnt matter, if you have H1 with company with good history.... But good idea to have some history with H1 company before your go out and comeback with stamping.. just be on safe side

 

[chetanmay]

Doesnt matter, if you have H1 with company with good history.... But good idea to have some history with H1 company before your go out and comeback with stamping.. just be on safe side

I don't understand why he has problem travelling in May, 2007?
He applies for H1B COS in April, 2007 say PP
His H1B approval comes by end of April, 2007 and COS is set for 1st Oct, 2007 which is when he change from L1 to H1B.

Can't he make trips on his existing L1 till 1st Oct. 2007?
Does it void his approved H1B COS effective Oct. 2007? I don't think so. He can very travel after getting H1B approval notice and use his L1 to enter in the country before 1st Oct. 2007.

Let me know if I am wrong?

 

[SetMax]

I don't understand why he has problem travelling in May, 2007?
He applies for H1B COS in April, 2007 say PP
His H1B approval comes by end of April, 2007 and COS is set for 1st Oct, 2007 which is when he change from L1 to H1B.

Can't he make trips on his existing L1 till 1st Oct. 2007?
Does it void his approved H1B COS effective Oct. 2007? I don't think so. He can very travel after getting H1B approval notice and use his L1 to enter in the country before 1st Oct. 2007.

Let me know if I am wrong?

Well… I am not a lawyer… I will avoid answer in specifics. But I will point following scenario answer from Murthy.com…. its good idea to discuss the case with lawyer

Question: My wife is on F-1 OPT that expires in August. Her current employer has agreed to file for H1B. Meantime, she has already committed to visit India in August. Is it safe to file for H1B before she leaves the country? What is the best alternative?
Answer: A person cannot file a change of status (COS) within the U.S. and then depart the U.S. since the COS application is deemed abandoned upon departure. The person is required to obtain the H1B approval and then apply for the H1B visa stamp from India and will only be able to travel back to the U.S. after September 20, 2004 for all cap-subject cases. Apr-19-2004.