Travel question ..pls reply ASAP

A

aniravi

New Member
We have a L1 petition till August 2006.
Our L1 visa has expired...
We have also applied for H1 petition which is approved and will be effective
from October 2005 ..

We plan to visit India in june/july ... cld someone pls answer these queries?

1.will it be our L1 which will be stamped?
2. Will there be any problems because of our new H1 PETITION (effective oct 2005) in getting our visa?

APPRECIATE all the help ...
Thanks!
Anita
 
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Recently USCIS published guidance on this same topic regarding traveling with an approved petition for a future start date. The so-called Hernandez letter states that travel does not invalidate the approved petition with a change of status in the future. However, in your case you still need to apply for a new visa stamp if you want to come back before October.
 
thank you Bob!

Thank you Bob for the prompt reply !!

Just one more clarification;can you please advice ?

the only problem is we have not got approval notice for the H1....yet
but i want to travel to India for personal reasons..
can i do it now under these circumstances? with H1 approval pending?

Thanks again!!
its good to have u back !!

Anita
 
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It is probably not a good idea to travel while your application is still pending. The USCIS memo clearly states that travel should not invalidate the petition for a change of status if it has been approved already. So as long as it is approved you are fine. You don't need the actual approval notice of you do not plan to pick up a new visa stamp. I suggest you consult with your lawyer to get the latest information on this topic.
 
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Thank you Bob !

Thank you Bob for replying!!
u sure clarifiied things for us ...
:)
like u said we will wait for H1 approval before travelling ...

Thanks again!
Take care
Anita
 
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