Possibility to stay in US till I get my H1B approved.

Hello all

I am in L1 visa now and have processed H1 this year through another employer and I am waiting for the lot results. There is a possibility that my current employer may ask me return back to India before October if that happens what should I do?

Since I have applied for H1 i am not suppose to travel out of US untill october. I cannot ressign my company and stay in US as i am in L1. Hope my understanding is right.

If my current emplyer calls me back to India before october,

  1. Is there any possibility for me to stay in US? I am ready to move to F1 visa as well but I dont know much about it.

  2. Is there any possibility that I can travel to India and still get my H1 approved?

Thanks for your answers.

You can travel to India while your H1 is in process. Once your get the papers, go for stamping and return to US after Oct 1 for the new employer.

Hi lionking

Thanks for your answer, I forgot to mention this, my new employer who is processing H1 for me, wants me to stay here in US until i get my H1 in OCT as if I go for stamping in India the probability of getting it approved is less. I am in L1 now and is there any way I can stay in US for 3-4 months after quitting my current company? I am ready to move to other visas. what are the possibilities. Thanks for your answers.

Then I believe you have to try to negotiate with your current employer to stay here. Else you can try for F1.

Please read my post and vote for this petition and spread the word to others: http://redbus2us.com/qa/9659/please-vote-for-this-petition

@t.optimist
Sorry for my misguiding answer before,

You may not quit your current job until Oct 1st when your H1 is approved. If you quit, you may have to leave USA within the grace period and return back when H1 is approved to start working from Oct 1st.

Consult with your consultancy lawyer to confirm the same before you do anything.

ramanan256,
That’s not correct. If the L-1 visa holder resigns, then he cannot stay in US irrespective of whether there is a pending H-1 COS or not. How will the person maintain status meanwhile?

@Saurabh,

I thought it is similar to how the F1 when they use up their OPT and apply for H1 during grace period can stay until H1 gets approved/denied but cannot work during that period.

F-1 students have cap-gap provision which allows them to stay and work (or not work if applied during grace period) even after the OPT expires. Cap-gap is not extended to any other visa holders, and so that advantage is limited only to F-1 students.

@ Saurabh,

I totally missed that, thanks. I corrected my answer above.