L1-H1 Visa issue (H1 without COS)

[logic_123]

I have a valid L1 visa from company ABC till Feb 2008. I am currently in USA with L1 visa of company ABC.

In Apr 2006 Company XYZ sponsered my H1-B petition,
I got the H1-B approval letter in OCT 2006.
This is a New H1-B petition, "not the change of status" from L1 to H1.

I need to go back to India in comming week of November for my marriage and will be back to USA in 2 week.
I dont want to join the company XYZ till january 2007 once I will be back from India. I want to join the XYZ company in January 2007.

My Queries are:

1) Can I come back from India to USA on L1 visa, without stamping H1.will my H1 visa approval get cancelled?

2) If I am comming back on L1 visa, will my H1-B petition still be valid ? and can I again go back to India in January and get stamped H1-B.

3) During My visit to india in November If I am stamping my H1-B visa from company XYZ, will my L1 visa from ABC company will get cancelled.can I do so?

4) Can I travel to USA with L1 visa from company ABC getting my H1-B visa stamped from USA Consulate in India.
Can I have both the L1 and H1 visa at same time.as my L1 visa is expiring in Feb 2008.

Please help me out.

 

[GotPR?]

1) Can I come back from India to USA on L1 visa, without stamping H1.will my H1 visa approval get cancelled?

2) If I am comming back on L1 visa, will my H1-B petition still be valid ? and can I again go back to India in January and get stamped H1-B.

3) During My visit to india in November If I am stamping my H1-B visa from company XYZ, will my L1 visa from ABC company will get cancelled.can I do so?

4) Can I travel to USA with L1 visa from company ABC getting my H1-B visa stamped from USA Consulate in India.
Can I have both the L1 and H1 visa at same time.as my L1 visa is expiring in Feb 2008.

Please help me out.

1. you can come back as L1.
2. H1 petition is valid unless petitioner cancelled it, or it expired.
3. L1 stamp MAY be cancelled. It's kind of luck, so that I wouldn't recommend to go for H1 stamp.
4. You can have both visa in passport at the same time. But as I said in #3, there is a risk to try to obtain H1 stamp while you have L1 stamp in your passport.

 

[logic_123]

How to change the status L1-H1

Thanks GotPR.

One more clarification requested.

If I am comming back to USA without stamping H1. Is there any provision where I can stay in USA and then convert both my H1 to L1 and my wifes L2 to H4 without going back to india. Keep in mind I have a H1 visa approval papers with me.
I dont want to take risk of getting L1 visa cancellation.I will stamp the H1 visa in January.But is there any form that can change my status from L1 - H1 while I will be in USA, then I will be on safe side.

 

[GotPR?]

you mean L1 to H1 ?
You probably can do it with H1 amendment. Please ask lawyer if H1 amendment is possible to change it to COS case.
Your wife's COS won't be a problem as long as your COS can go through.

 

[logic_123]

Thanks GotPR again.

I also checked from US consulate in India, they are also saying that If I am stamping H1, my L1 might get cancelled.

I heard that H1 amendment takes too much time and money to convert from consular notification to a COS. Is it true? How much time it might take?

In my case my H1 was applied with both consular notification and COS , but during the application period I visited India, as my L1 visa was expired I got stamped my L1 visa, which is valid till Feb 2008. when I came back to USA, USCIS queried regarding my Status in USA.which result in rejection of my COS.but as my new company had applied the H1 with both consular notification and COS, my consular notification got approved. Are there any chances that I can amend the H1 to COS from L1 to H1.Can I do so and how much time will it take?

Thanks again for providing information.

 

[GotPR?]

Your initial COS was denied because you left the US when application was pending.

you can file amendment anytime, but you need to pay. How long it takes is difficult to say, but you may be able to file it as premium processing which takes 14 days. Please ask lawyer for this option.

 

[logic_123]

Thanks for all your Help GotPR.

This information is helpfull to me.one last question.How much money will it take to do consular notification H1 amendment to H1 COS.If I get the basic amount to be spend for processing, I can go for it.

I got information regarding I-129 form for H1 amendment.Is it a correct form?

Again Thanks for all your Help.

 

[GotPR?]

Sorry, I did not read your previous post carefully.
your amendment MAY not be possible(not sure) since your original petition was through consulate. I guess you should talk to lawyer for sure.

Fee is (1500 or 750) + 190, I think. If you go premium, you need 1000 more.

 

[logic_123]

I might have not asked you question clearly.
If I am comming back without stamping. I will have L1 visa status, as well as H1 approved pettition.

Is there any way I can start working with company XYZ without going back.
now as I have L1 visa can I switch the status for L1 to the H1 whose approval papers are with me.

When can I then start working with the new company XYZ.

Or do I need to file a new pettition with the same XYZ company for H1-COS in the next april-2007.

Or can I go to neighbouring contries to USA and get stamped for H1 and come back.

If its going to take 2000 or more for H1 amendment, It will be feasible to go back to india and get stamped whenever I need to change the Company.

 

[GotPR?]

I might have not asked you question clearly.
If I am comming back without stamping. I will have L1 visa status, as well as H1 approved pettition.

Is there any way I can start working with company XYZ without going back.
now as I have L1 visa can I switch the status for L1 to the H1 whose approval papers are with me.

Only way is applying for COS. Amendment(if possible) or fresh COS. You probably won't come under new quota since you already got H1 approval.

When can I then start working with the new company XYZ.

After H1 approval.

Or do I need to file a new pettition with the same XYZ company for H1-COS in the next april-2007.

No.

Or can I go to neighbouring contries to USA and get stamped for H1 and come back.

POssible.