URGENT - L1 to H1 transfer - Travel to India without CoS approval - NEED HELp

[Chintu_USA 0]

Hi,

I am working with company A on L1b visa valid till Jan-2013 and my wife is working on L2 EAD with company B.

One of the consultant company C is processing our H1B with Change of Status for cap of 2013.

Our visa status is still in initial review and we need to visit India urgently for some unavoidable reasons.

Our consultant attorney says that, if we travel to India, our change of status will get abandoned and we will automatically go out of status from L1B visa as well starting from october 1st 2012.

Only way we can avoid this situation is either by avoiding the visit to India or by getting H1B stamped in October by visiting India again.

Can we by any chance do the following :

1) Visit India and apply for change of status again before october 2012? Is it possible to apply change of status from L1/2 to H1 for both me (on L1B) and my wife (on L2 visa)? If possible, how much long it will take to get processed and when should we apply before or after october?

2) If the Change of Status is abandoned by itself, will our L1B visa will remain valid and upto when? Or this will get automatically revoked?

We have already booked the tickets and going to travel this Friday. Need your desparate help.

Thanks!

[aayitrun 66]

if you value your immigration process more than whatever situation is in india, don't visit right now. cap subject applications are done for the year.

im assuming a close relative is unwell and i hope they get better, but there is skype. rectifying cases like these are too much trouble.

in theory what ur lawyer said makes sense. you can revisit in september and get stamped, but its adding a layer of risk.