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Hi guys,

Need some quick info , I am currently on L1b with expiry till 2017 and have applied for H1b this year. I had mentioned the legal team at the time of filing H1b petition that it should be a Counsellor Processing petition but when I rechecked the legal team told that the petition is filed under COS.

Do I have an option to keep my L1b petition till I wish to continue with my existing org and if yes please suggest the options I have.


Thanks and RedBus is a really good forum and it has been really helpful.
asked in L1, L2, H4, B Visas & Misc by (120 points)
you can continue working for you current organization until 1st October. since as per H1-B regulations you can file h1b only if your job start date is no later then 6 months from the petition date.

if you travel outside as Saurabh suggested it will abandon your status and you can only come back on L-1 if you still have job which got you L-1 and apply for change of status on shore.

or apply for consular processing if you don't have a job which got your L-1 and your H1-b Petition is approved.

1. your H1-b is picked in a lottery.
2. USCIS received your petition  on 1st April.

1 Answer

0 votes
If your H-1 gets selected in lottery, then make a trip outside US while H-1 is pending. This will cause COS to be abandoned and H-1 will be processed w/ consular processing.
answered by (285k points)
Can you please suggest if travel needs to be planned as soon as am informed about  H1 lottery selection or can travel after some time ?

Your H-1 cannot have a start date prior to Oct 1. You can enter US as per the H-1 start date. By law, you can appear for stamping at most 90 days prior to H-1 start date and can enter US at most 10 days prior to H-1 start date.

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