I am currently on L1 visa and my H1b is approved for consular processing. Initially, my company was planning to file h1b Change of Status for conversion to H1. Now, the immigration team has reverted back telling there are multiple rejections being experiences for COS and H1b transfer by visiting consulate outside of US is best option here.
I have couple of queries in this regard, in making a choice :
- How safe is L1 to h1 conversion in consulate outside of India, as my initial L1 is approved from India. I have a visa appointment in Vancouver, Canada.
- Given a choice, which option should I choose of these two, to have minimum risk ?
- Well, it is hard to state if it is safe or not…Frankly, no one has data, all we go by is one or two users telling it is safe or not… If your attorney has suggested it, go for it.
- It is always recommended to go to the home country, that’s what the consulate suggests. Having said that, you can always give it a shot in outside consulate and be prepared to go to Home, if things do not work out…just be prepared for the worst case.
I always recommend to work with your attorney as they know your case better than anyone.
Thanks for your response.
This is a general question - If L1 to H1 gets rejected in consular processing, would I continue to have existing L1 visa to re-enter US or is L1 invalidated during this process.
Well, that is up to the discretion of the visa officer to leave the L1 in tact or not. They could put in a stamp called Cancelled without prejudice, if they wish to…Read All about Cancelled without Prejudice