L1B to H1B status change and Travel Queries

[bmdkannan 0]

Hi,

I am on L1B with I94 expiring on Feb 2014 from Company X, I found an employer Company Y and they have filed my H1B and my wife's H4 in May 2013 under regular processing with CoS effective from 1st Oct 2013.

My application got selected in lottery and right now its status is RFE. My employer Company Y has asked me to submit the required document.

Due to some urgent family reason we have to travel to my home country (India) after Oct 2013, once my H1B gets approved. My wife has to travel in mid of Oct 2013 and I have to travel in mid of Nov 2013.

While sending reply to RFE, can we convert our application from CoS to Consular processing and travel to India using L1B (after my H1B petition is approved with consular processing) and come back with L1B? I dont want to go to stamping in India this year in Nov 2013 (bcas it may get rejected).

Once I am back from India by Dec 2013 using L1B and I would like to change my status from L1B to H1B and then start working for employer Y. I would like to go to stamping next year end (Dec 2014) when I go out of US.

Please advise the best possible way.

[jan22 3,056]

You cannot use the L1 visa once you have stopped working with that employer, changed your status to H1B, and started to work for the new company. Attempting to do so at a POE would be fraud -- and you would not be permitted entry and would perhaps result in a long-term ban on entry in any status.

[aaron2020 11,651]

Talk to Company Y's immigration lawyer. It's his/her job to help you.

[Boiler 45,557]

You will need a Visa to return.