L1 to H1 transfer and their usage

schinna

New Member
Currently working for company-A on L1A (I-94 valid until Feb 2009, but visa expired) and I would like to have H1B processed through company-B. Company-A wants to send me to India in June 2007 and might get me back to USA on same L1A in Dec 2007.

As I am unsure of Company-A getting back me in Dec 2007, I would like to have an option of coming through Company-B using H1B.

1. As I am currently on L1A and apply for H1B process, whether it is going to be Visa transfer from L1A to H1B or just a fresh H1B (i.e. without referencing to L1A)? Also is there an option to choose either way?

2. As the H1B application processing starts on month of April 2007, whether I should be able to travel to India in June 2007 ( i.e. while the H1B petition process is in progress) in the following contexts
2a. Incase of L1A to H1B transfer?
2b. Incase of fresh H1B (without referencing to L1A)?

3. If H1B gets approved by October 2007, whether L1A still will be in force and I would be able to go for L1A visa stamping at US consulate in India on Dec 2007?

4. If I am traveling to USA using L1A visa in Dec 2007, whether H1B will be usable at later until its validity period specified on the approved petition?
 
Assuming "fresh" as without change of status(you need H1 stamp before H1 work), and "transfer" as with change of status.

schinna said:
1. As I am currently on L1A and apply for H1B process, whether it is going to be Visa transfer from L1A to H1B or just a fresh H1B (i.e. without referencing to L1A)? Also is there an option to choose either way?
you can choose.

2. As the H1B application processing starts on month of April 2007, whether I should be able to travel to India in June 2007 ( i.e. while the H1B petition process is in progress) in the following contexts
2a. Incase of L1A to H1B transfer?
2b. Incase of fresh H1B (without referencing to L1A)?
2a. Travel is not recommended.
2b. There is no issue.
3. If H1B gets approved by October 2007, whether L1A still will be in force and I would be able to go for L1A visa stamping at US consulate in India on Dec 2007?
L1 is still valid.
4. If I am traveling to USA using L1A visa in Dec 2007, whether H1B will be usable at later until its validity period specified on the approved petition?
You'll be on L1A if you enter with L1 stamp. H1 petition is valid, you can not be H1 status.
 
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