TRAVEL AFTER APPROVED H1B Petition - URGENT PLEASE...

Hi,

My case is complex and uncertain, would appreciate your response and suggestions here.

I currently hold a H4 Visa and my wife is on H1B, i am applying for H1B this year.
Note: I also hold a Valid L1B Visa in my Passport from my current Employer.

Scenario 1:

Assuming the new company files H1B (COS from H4 to H1) under premium processing and the petition gets approved quickly and i receive a Valid I 94 (May be by May END)

Q1) Can i exit United States and come back on H4 or L1 ? If i do this should i go for H1 Stamping before Oct 1st?
Q2) If i am on L1B Visa in US by October , what happens? Will H1B Kick in automatically since it is already approved? Or Should i exit US on L1 and enter on H1B after getting stamped?

Q3)What happens if i exit and Enter US on H4 with new I94, will it automatically change to H1?

Scenario 2:
Assuming my new company files my Visa under normal category(not COS) , i will leave US well before they send the documents to USCIS, i am aware that i need to get my H1B VISA stamped under this scenario.

Q1) What is the best time for me to leave US? Is it just before they send the documents to USCIS?
Q2)As soon as i enter India, i need to send a scanned copy of the passport which will prove that i am in India, is this correct?
Q3) Can i enter and exit United states on any other VISA before the H1 petition is approved ? Will it go for an RFE if i enter US on another VISA?
Q4)Can i enter and exit US on any other VISA after the H1B petition is approved since this will kick in by October 1st?

Regards

eomerh6x

Scenario 1

  1. You can come back on H4 and file COS when in US. Coming on L1 might be difficult as you need employment for that, if you have a job, you can come and then go for COS from L1 to H1 when in US

  2. if it is COS, you status will be changed from H4/L1 to H1. Else you may need to go for stamping(consular processing)

  3. never it changes automatically, COS is needed

Scenario 2:

  1. Doesn’t matter, anytime. But you can enter on H1 only a week before Oct 1

  2. Not needed

  3. You can enter on any valid visa, it doesn’t hamper H1 in any way(unless if it was COS. you need to be in US for COS)

  4. Yes

Scenario 1

  1. You can come back on H4 and file COS when in US. Coming on L1 might be difficult as you need employment for that, if you have a job, you can come and then go for COS from L1 to H1 when in US

—> So, you are saying that even after the COS from H4 to H1 is done and a future I94 with H1 is approved while i am in the country i still need to apply for another H4 to H1 COS once i exit and re-enter US? Wont the new I94 that comes with H1 on OCTOBER 2015 kick in automatically? Very confused here! :frowning:

  1. if it is COS, you status will be changed from H4/L1 to H1. Else you may need to go for stamping(consular processing)

This question was about only L1, what happens when i am here on L1 during October 2015, i think i got to know the answer, i should not be here on L1, i should be here on H4 because COS was filed from H4 to H1

  1. never it changes automatically, COS is needed

Again, does it not matter even if i have a new I94 which comes along with H1 during October 2015 which would be the latest , cant we ammend the I94 that i get when i exit and enter on H4 before October ? COS is only for H4 to H1 which is already done is my case before i leave the country , so why are we talking about COS again, its only I94 that comes into picture right? I just want to understand the exact process here.

Scenario 2:

  1. Doesn’t matter, anytime. But you can enter on H1 only a week before Oct 1

Many people here are suggesting me to get out of US by March 15th Max.

  1. Not needed

  2. You can enter on any valid visa, it doesn’t hamper H1 in any way(unless if it was COS. you need to be in US for COS)

Hmm, hope so.

  1. Yes

OK

Point 1 : COS from H4 to H1 is already approved in my case, why should i apply for H4 to H1 COS again after i exit and enter US?

Have you got your H1 approved?

How can i have the petition now? Assuming i have H1 petition approved by May.
My question is very simple.
Assuming I have H1 petition approved (H4 to H1 COS is done/completed/process over)
What happens if i leave the country on H4 and enter on H4 before October 1st, COS is not required, i will have a new I94 when i enter US again, what happens on October 1st? Will i be eligible to work on H1 from OCtober 1st?

If you know,sugguest me . If not, its ok…