Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  2. #2

    Default 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,
    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?

    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.!

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. F Visas: Re-Entry While Pending to Change of Status from H-1 to B2
    By msh0262 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 12-12-2011, 06:21 PM
  2. DV Visa Lottery: Can an F-1 Student Change Status to Immigrant Status Through Visa Lottery
    By Farhan in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-05-2011, 03:33 PM
  3. Marriage: Married but Pending Overstay While Application for Status Change is in Process
    By zenboodah in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 07-20-2009, 08:30 PM
  4. J Visas: Change of Status, J1 to B2, While H1B Application is Pending
    By akkysol in forum Visas for Business, Tourism and Family
    Replies: 4
    Last Post: 06-06-2009, 03:21 PM
  5. L2 Expired While Status Change to H4 is Pending
    By djaks111 in forum Immigration Issues
    Replies: 2
    Last Post: 01-28-2009, 06:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources