Travel to India while H1 in progress

[india_naveen]

Hi, I am on L1B and my visa expired but I-94 valid till Feb 2008. I am planning to apply for H1 in 2007 while in US itself. But looks like my assignment with current company gets over in March 2007 and they will ask me to go back to India. My question is, will i be able to travel to India after I apply for my H1 (even before H1 is approved) in March 2007 and get stamped in India and come back to US? can you please let me know.

 

[GotPR?]

Hi, I am on L1B and my visa expired but I-94 valid till Feb 2008. I am planning to apply for H1 in 2007 while in US itself. But looks like my assignment with current company gets over in March 2007 and they will ask me to go back to India. My question is, will i be able to travel to India after I apply for my H1 (even before H1 is approved) in March 2007 and get stamped in India and come back to US? can you please let me know.

you can file H1 in April 2007, but not in March. I do not see the point why you want to file it while you are in the US.

 

[india_naveen]

thanks for the reply GotPR. I am new to the H1 process, somebody told me that if you apply for H1 when you are in US itself you will get it easily. But I think that only works when you dont leave US and stay on your L1. Please correct me if I am wrong. I wanted to find a consultant when I am US itself and apply for H1 before leaving to India in March (since my current company will ask me to leave may be aroung March-April). Will that be an issue to my H1 application if I leave to India or it does not matter. Because in the form I-129 i see a column which asks if the person is staying in US give the petition deatails and copy of I-94.

thanks in advance

 

[GotPR?]

thanks for the reply GotPR. I am new to the H1 process, somebody told me that if you apply for H1 when you are in US itself you will get it easily. But I think that only works when you dont leave US and stay on your L1. Please correct me if I am wrong. I wanted to find a consultant when I am US itself and apply for H1 before leaving to India in March (since my current company will ask me to leave may be aroung March-April). Will that be an issue to my H1 application if I leave to India or it does not matter. Because in the form I-129 i see a column which asks if the person is staying in US give the petition deatails and copy of I-94.

thanks in advance

Getting H1 in the US is easier than doing it abroad must be myth. Your absence from the US will not affect the outcome.
You can find sponser by March and ask them to file H1 in April regardless of whether you are still in the US or has left already.

The reason why they ask I94 is they want to make sure you are in legal status as out-of-status may not be eligible to file the petition. you can leave the US before or after H1 filing, but remember if you want to file H1 in the US, you have to do it while you are in status(meaning your L1 job is still valid).