URGENT- L1 To H1B Approved and can i travel using valid L1 visa


I am on L1 status for Company A. One consultancy say B said they will process my H1 B. I need to got to India urgently on Aug mid. Now the consultancy is saying that they wont process my H1B since if the H1B got approved while we are on India or before going to India, i cant come back on L1 status(which is valid till Nov 2014) and I need to stamp my H1B other wise my visa will be rejectted at Port of entry.

I want to know that if i have a valid L1 visa and my H1B got approved while visited or before visiting india, Can i travel using my L1 Visa or do i need to stamp H1B to enter US?

The consulting company is wrong here. You can still return on L-1 visa stamp and will be on L-1 visa status afterwards. If you want to move to H-1 after returning to US, then they will have to file COS from L-1 to H-1.

There is also the scenario where your H-1 gets approved w/ COS prior to you leaving US. If you return on L-1 before Oct 1, you will remain on L-1 until Oct 1 and will automatically move to H-1 from Oct 1. This will happen as your original COS would have been approved w/ a future date of Oct 1. So as long as you return to US prior to Oct 1, that COS will still go into effect.