URGENT - L1B to H1 Transfer, Want to Travel after H1 Approval on L1

Hi, I am working with company A on L1b visa valid till April-2013 and my wife is house wife on L2. One of the consultant company C is processing our H1B with Change of Status for cap of 2013. Our H1 visa status is in RFE status and hopefully it will get approved in a month (Oct End ). The issue is, we need to visit India in February for some unavoidable reasons. As we know that Chances of rejection of H1 Stamping in india are more, i want to be in safer side… My some of Frnds suggest that, 1. I should Working on L1 and I can go to India and Come back on L1 visa itself as i have a validity for L1 visa till April 2013 and then start working on h1 from Feb End, Even if my H1 get Approved before February. 2. I can start working on H1 and Go to India in Feb and then i Can come back on L1 Visa, As my h1 Visa is not stamp in Passport. Can You suggest me the Correct Solution. Thanks!

Hello Raaz,

When you apply for COS from L1 to H1, as soon as H1 is approved your L1 is invalidated. It is illegal even to continue to work on L1. You cannot go back to India on L1 and come back on L1. You must get your stamping done on H1 if you need to come back.


I am kind of same situation for 2014 H1b year. I am not looking to travel but my question is: have you got your H1 approved after Oct1st. If so, did you served any notice period for your L1 employer? is it necessery to start working for new employer as soon as you got H1 approved after October?