I am on L1visa & my I-94 is valid till Nov2013. Another employer is filing H1B visa in this April(under Regular category) so can I go to India in May and come back in June and continue working for my L1 employer till Sep30th and then move to the H1 Employer from Oct 1st ?
My concern is, what will happen if my H1B petition gets approved when I am in India.
Can I come back on my L1 with the new I-94 from the Port of entry for 4 or 5 months as per my earlier I-94 or Do they question me that I have a new I-94 approved for H1 which needs to be stamped in India ? Will I be sent back to India to get my H1 stamping or do they allow me to enter USA with my L1 original validity till Nov2013 ?
Employment / Labor Attorney
I edited the tags to increase the chance of a response from an immigration lawyer.
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If you are still working for the L employer you may return on the L visa. If you are not working for the L employer travel on the L visa is not appropriate. If you enter on the L visa with the approved H1b you will need to file for a change of status to H1b.