L2 to H1B from India

[mh123]

Hi,

I travelled to US in Aug 2005 on l2 visa, got EAD,but didn't work on it.
I came back to India in Aug2006. My wife is still in US on L1 and her project may complete in couple of months.
I want to apply H1B from india for this april H1 cap. Do i require valid I-94 for apllying H1B?
Can i travel to US after applying for H1B before oct2007?
After i get H1B approved ,do i need to come back to india to get it stampped?

Is there any issues in apllying from India being on L2?

Please reply.

mh123

 

[SetMax]

find answers below

Hi,

I travelled to US in Aug 2005 on l2 visa, got EAD,but didn't work on it.
I came back to India in Aug2006. My wife is still in US on L1 and her project may complete in couple of months.
I want to apply H1B from india for this april H1 cap. Do i require valid I-94 for apllying H1B?
NO
Can i travel to US after applying for H1B before oct2007?
YES on valid visa and l2
After i get H1B approved ,do i need to come back to india to get it stampped?

Is there any issues in apllying from India being on L2?
NO

Please reply.

mh123

 

[mh123]

Thanks SetMax.

1) what process should i follow? COS or regular or premium?

2) If i travelled to US on L2 in May2007, Do i need to come back to india to get H1 stampped or can i go to canada?

3) Does my travel causes any trouble to H1B processing ?

mh123

 

[SetMax]

1. Its based on your flexiability. If you want to do not want exit US and want to be on H1 - COS is best. Regular H1 requires to exit US and enter again to be on H1 status

2. Ideally USCIS will issue RFE - you are not suppose to travel while COS is in progress. RFE may asks you to convert to Regular H1 or notice of denial of COS

3. As point 2... only if its COS case... otherwise not

Thanks SetMax.

1) what process should i follow? COS or regular or premium?

2) If i travelled to US on L2 in May2007, Do i need to come back to india to get H1 stampped or can i go to canada?

3) Does my travel causes any trouble to H1B processing ?

mh123