Can I go to India while H1B -visa in process and get H1B-visa from India?

USA H1B Visa
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1. I am currently working at Company A in L1B- visa,  I am going  to apply H1B visa through Company B in March 2013. If the H1B- Visa got approved,

what is the proper procedure to get relieved from company A and join company B ? Will there be any legal issues?

2. I am going to apply for H1B- Visa next month. My L1B- visa going to expire in April 2013. Can I go to India while H1B -visa in process and get H1B-visa from India?

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  1. You will have to check w/ employer about their policies around notice period. If the H-1 gets approved w/ COS, then you have to work on H-1 from COS approval date. So you will have to manage the notice period accordingly. Note that some employers may want you to return to home country and resign from there.

  2. Yes, this is possible. As your I-94 is expiring in April, COS from L-1 to H-1 will not get approved until you get L-1 extended. So you can have H-1 filed w/ consular processing, leave US at the end of L-1 term and return after getting H-1 visa stamped.