Travel back to India while processing L1B visa to H1B Visa Transfer


I came to USA on L1B visa from Company A along with my wife who came on L2 Visa as Dependant for the duration for 1 year i.e. up to July 2013.

I would like to transfer my visa from L1B to H1B status. So, I have contacted Company B for the visa transfer, and they said like H1B visa CAP has been completed for this year. In addition, they said they will apply for the next year in April month.

The visa transfer process will be completed after October 1st 2013. But, I have to go back to India in July 2013 itself.

Can I apply for L1B to H1B transfer in the month of April 2013 and go back to India and get the H1B visa stamped in India and come back to USA. Is this method correct? Please let me know  While I apply for the transfer and If I go out of USA, Will my transfer request gets cancelled?

I heard like the above method can be done by H1B Consular process. What is this exactly mean?

My wife also has an EAD. So, we both of us are planning to transfer our L1B and L2 Visas to H1B.

Please let me know the process by which way I can transfer my visas from L1B to H1B even though I move to India in July 2013.

In addition, is there a way to expedite the L1B to H1B transfer process in order to complete before July 2013 by paying extra fees.

NOTE: My L1 Visa expiration date is July 2015 and during immigration they gave I-94 up to September 2015.

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Your India trip and L1b to H1b can be totally independent. If you H1b stamped in India prior to coming to US, you will not be allowed to enter US before Oct 1st 2013. Instead, you go back to India and come back to US on L1B itself.

L1b to H1b can be done by COS or a fresh H1b. It all depends on how your consultant is applying for H1 in 2013.