Visiting India while applying for H1B

[mshrikumar9]

Hi All,

Currently, I am on L2 EAD. I applied for H1 on 10th June. My L2 is valid till Sep 17th 2012. I wanted to go to India in July for a month. Can I go to India in July and come back in 1st week of August. If not then what is the best time to go to India.

Please help

[shervin143]

Was your H1B filed as a COS? If yes, then it is not advisable to leave the country when the COS is in progress. The COS might very well get denied. If you had to leave, then wait until the H1B petition gets approved, get he H1B stamped and return back in H1B visa after the H1B effective date (Oct 1st or later).

If you are in U.S, you should not work for the H1B sponsor if the H1B gets approved for consular process (approval without a new I-94) unless you leave the country and return back in H1B visa. Since your L2 status expires on September 17th, I doubt if your H1B will get approved as a COS.