L1 to H1 filinf but need to travel due to project clouser on L1.

USA H1B Visa
1

Hi,

I am in L1 with company A and planning to apply H1 B from company B. I have already sent all my documents and Company B in process of filing my petition by Apr first week. Employer B asked me avoid travelling before approval. Unexpectedly my project in current company coming to end by Apr end and requested me travel back to offshore. Though i am trying to get another project here, i have few clarification.

1. Will it affect my H1 Filing with Company B?( They are not ready to do candidates outside US).
2. After filing can i travel on vacation with my L1 stamping and come back with same?

Please advise what are the possibilities At any cost i need to travel for vacation soon at least for a month.

Thanks,
Vijay.R
2

  1. Your H-1 processing will not be impacted but your COS from L-1 to H-1 will be abandoned. You will have to go for H-1 visa stamping and then return on stamped H-1 visa to work. Your H-1 employer may have preferance for candidates in US as it allows them to skip the visa stamping.

  2. You can return on L-1 stamping only if your L-1 employer wants you to join them on L-1 in US.

3

If the L1 to H1B COS is approved before leaving the country.
Can he return to US using H4 or B1? and file COS to H1B again using the approved l1-H1B COS.