travelling to India when L1 to H1 COS is in process

K

khadad_boka123

Registered Users (C)
Hi,

I am currently working in U.S. since Jan06 (on L1B visa) for Employer A.
I got an offer from Employer B who is ready to sponsor my H1B. So, I transfered the necessary documents to Employer B.
Today, my current Employer(A) informed me that I need to visit India for a period from 09th July 06 to 31st July 06.
I informed Employer B about my travel plan. They told that I can not leave US as my Change of Status(L1 to H1) is in process. As per them, if I travel to India my Change of Status will get denied.
Please confirm whether it is true. Also,

1. If yes, I would like to know why it should get denied when my H1 would be valid from 01 Oct06; and I would be travelling to and from India on my current valid L1 visa.

2. Can you suggest me a better way out in this situation as I must(since its official work) travel to India and come back by 31st July 06 and at the same time I don't want to lose on my H1 transfer from L1.

Please advise.

Thanks,
BOK
 
khadad_boka123 said:
1. If yes, I would like to know why it should get denied when my H1 would be valid from 01 Oct06; and I would be travelling to and from India on my current valid L1 visa.
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It is the rule that COS is considered abandoned if one travels during COS is pending.

2. Can you suggest me a better way out in this situation as I must(since its official work) travel to India and come back by 31st July 06 and at the same time I don't want to lose on my H1 transfer from L1.
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YOu can travel during COS is pending, but you just need to get H1 stamp before working for B.
 
GotPR? said:
It is the rule that COS is considered abandoned if one travels during COS is pending.


YOu can travel during COS is pending, but you just need to get H1 stamp before working for B.
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Thanks for your reply, GotPR.

Just one more related Q:

What do you mean by -"YOu can travel during COS is pending, but you just need to get H1 stamp before working for B."

Does it mean that I need to activate my COS once I come back from the trip on July 31st 2006?
WHat is the procedure..?
 
When you apply change of status to H1, there are 2 applications processed, i.e. H1 petition and change of status(I-539).
If you travel during COS is pending, your I-539 is abandoned, but H1 petition is still valid and will be processed.
Once you get H1 approval, you can not change your status in the US as your COS is not valid, but you can go out and get H1 stamp and reenter the US, then you can work for H1 company.
 
GotPR? said:
When you apply change of status to H1, there are 2 applications processed, i.e. H1 petition and change of status(I-539).
If you travel during COS is pending, your I-539 is abandoned, but H1 petition is still valid and will be processed.
Once you get H1 approval, you can not change your status in the US as your COS is not valid, but you can go out and get H1 stamp and reenter the US, then you can work for H1 company.
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Then if I continue my plan to travel on 9th July alongwith my wife, and come back on 31st July alone. (remember, I come alone; my wife stays back in India), then as informed by you I just need to go out (to India) again after H1 approval and get the H1 stamp and re enter US.
My Q is-
Do I need to take appointment in the consulate office in India for the stamp?? Also, Can I take my wife's H4 (remember,my wife shall be in India) when I again go back to India for H1 & H4 stamps?

Appreciate your advice.
 
khadad_boka123 said:
Do I need to take appointment in the consulate office in India for the stamp?? Also, Can I take my wife's H4 (remember,my wife shall be in India) when I again go back to India for H1 & H4 stamps?

Appreciate your advice.
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Usually, you need appointment at consulate to get visa stamp.
you had better check the schedule as I heard the US consulate in India
is fully booked til a few months ahead. You can get H4 for your wife too.
 
MY wife is in a similar situation

My wife is in a similar situation - on a valid H4 with a pending COS H1 application - travelling to India on June 7th.

What if my wife gets the H1 approval before we travel. Can she still come back to the US on a H4 and automatically get converted to H1 on Oct 1? Or can she get the H1 stamped in June eventhough the H1 validity starts from Oct 1?
 
Hi,

Did you get any information on the above situation? Was your wife able to convert to H1 after returning from India or did you get it stamped from India? My wife is in the same situation and need to travel to India with pending COS. Any information on this will be appreciated.
 
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