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Traveled Outside USA With L1 to H1 Change of Status Pending

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  • 08-27-2012, 05:31 PM
    godisgreat4all
    Traveled Outside USA With L1 to H1 Change of Status Pending
    Hi,

    My L1 to H1 COS is in "Initial review". I traveled to India from USA and came back on 26th Aug 2012. I have got new I-94.
    My I-94 date is valid till my L1 visa valid date 15-Jan-2013.

    I don't want to loose my H1 visa application and I want to go to India in November or December 2012. Please suggest for following:

    1. Now I have new I-94, so should I ask my employer to send an amendment with new I-94 to USCIS, so that my travel does not affect my H1 petition?

    2. Without sending any amendment to USICS, Can I wait in US to get H1 approved and than travel to India in November or any other time for H1 stamping at consular?

    3. Is it necessary to travel to India before Oct 1st for stamping H1?

    Please help and suggest anything !
    Thanks!
  • 08-28-2012, 09:39 PM
    Mr. Knowitall
    Re: Traveled Outside USA With L1to H1 Change of Status Pending
    You cannot hold non-immigrant status and be outside of the United States, and your L-1 visa is a non-immigrant visa. Thus, when an applicant for a change of nonimmigrant status leaves the United States while that application remains pending, the application is automatically deemed abandoned and becomes void.

    I am not sure what travel dates you have in mind, but if you want the COS to proceed you will need to wait until that process is completed before you leave the U.S. If you leave the U.S. after approval, you would get your visa stamped upon reentry.
  • 08-29-2012, 03:17 PM
    godisgreat4all
    Re: Traveled Outside USA With L1to H1 Change of Status Pending
    Thanks for response, please answer my reply in your comment.
    Quote:

    Quoting Mr. Knowitall
    View Post
    You cannot hold non-immigrant status and be outside of the United States, and your L-1 visa is a non-immigrant visa. Thus,
    Quote:

    when an applicant for a change of nonimmigrant status leaves the United States while that application remains pending, the application is automatically deemed abandoned and becomes void.
    So as I have already leave US and returned back to US while COS from L1B to H1B is pending, Will it void my complete H1B petition or just COS?

    Quote:

    I am not sure what travel dates you have in mind, but if you want the COS to proceed you will need to wait until that process is completed before you leave the U.S. If you leave the U.S. after approval, you would get your visa stamped upon reentry.
    I don't have any travel date for now I am just waiting for approval and after that I will go out of US for visa stamping at consulate. Is it required to leave US before 1st-Oct to avoid confusion of my status after approval of H1. As my cos might get abandoned.

    Thanks in advance for your response.!

  • 08-30-2012, 07:46 AM
    Mr. Knowitall
    Re: Traveled Outside USA With L1to H1 Change of Status Pending
    When I said that you abandon the COS by leaving the country, that's what I mean. The H1B is separate matter. You appear to be stating that you left the U.S., reentered on some unknown status, and want to leave again. I'm not going to get into guessing games.
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