L1 to H1 COS

[godisgreat4all]

Hi there,

My H1 was filed on 6th June 2012 by my company with COS L1 to H1 in Regular Processing.
It is not approved yet.

Now, I need to go to India for my personal work in August. I know if I leave US prior to approved H1 my COS will be cancelled, Am I right?

Ques.:
1. As I have to urgently go to India, Is there any problem in it. I am willing to come back now After Oct 1st.
2. Can it affect my H1 processing?
3. Will it only affect COS not H1 processing? Can I wait there in India till H1 gets aproved and than schedule a visa stamping with Consulate in Delhi and than come back after Oct 1st.?

I am confused, pelase help!!

[shervin143]

Now, I need to go to India for my personal work in August. I know if I leave US prior to approved H1 my COS will be cancelled, Am I right?
>>> That is correct.

Ques.:
1. As I have to urgently go to India, Is there any problem in it. I am willing to come back now After Oct 1st.
>>> No issues as long as you are planning to return back after the H1B effective date.

2. Can it affect my H1 processing?
>>> No. If all documents are in place, H1B will get approved. Just the COS might get declined.

3. Will it only affect COS not H1 processing?
>>> Yes.

Can I wait there in India till H1 gets aproved and than schedule a visa stamping with Consulate in Delhi and than come back after Oct 1st.?
>>> Yes.

[godisgreat4all]

Thanks a lot for your wonderful help!!

Now, I need to go to India for my personal work in August. I know if I leave US prior to approved H1 my COS will be cancelled, Am I right?
>>> That is correct.

Ques.:
1. As I have to urgently go to India, Is there any problem in it. I am willing to come back now After Oct 1st.
>>> No issues as long as you are planning to return back after the H1B effective date.

2. Can it affect my H1 processing?
>>> No. If all documents are in place, H1B will get approved. Just the COS might get declined.

3. Will it only affect COS not H1 processing?
>>> Yes.

Can I wait there in India till H1 gets aproved and than schedule a visa stamping with Consulate in Delhi and than come back after Oct 1st.?
>>> Yes.

[godisgreat4all]

Hi Thanks for all the information.

Now I have little change in my travel plan, due to work priority in US, as follows:

1. While L1 to H1 with COS approval is still pending, I have to travel to India in August 2nd week.

2. I am planning to come back to US after 15 days i.e on 1st Sept, on my current L1 visa as it is valid till Dec 2012. Can I travel back? Will it affect H1 processing?

3. What if my H1 get approved while I am India? As H1 will get effective from Oct 1st, Can I still travel on valid L1? Will my travel affect the H1 visa processing?

4. After 1 month of US stay on L1, I will travel back to India and will wait there for H1 get approved, if not approved till this date and than will go for Stamping there? Is it possible?

Please help!

Now, I need to go to India for my personal work in August. I know if I leave US prior to approved H1 my COS will be cancelled, Am I right?
>>> That is correct.

Ques.:
1. As I have to urgently go to India, Is there any problem in it. I am willing to come back now After Oct 1st.
>>> No issues as long as you are planning to return back after the H1B effective date.

2. Can it affect my H1 processing?
>>> No. If all documents are in place, H1B will get approved. Just the COS might get declined.

3. Will it only affect COS not H1 processing?
>>> Yes.

Can I wait there in India till H1 gets aproved and than schedule a visa stamping with Consulate in Delhi and than come back after Oct 1st.?
>>> Yes.

[shervin143]

1. While L1 to H1 with COS approval is still pending, I have to travel to India in August 2nd week.
2. I am planning to come back to US after 15 days i.e on 1st Sept, on my current L1 visa as it is valid till Dec 2012. Can I travel back? Will it affect H1 processing?
>>> If you leave the country when H1B COS is under process, then the COS might get denied, unless you petition is already taken for processing before you leave.

3. What if my H1 get approved while I am India? As H1 will get effective from Oct 1st, Can I still travel on valid L1? Will my travel affect the H1 visa processing?
>>> In that case, the best option is to get the H1b visa stamped and return back in H1B visa after the H1B effective date.

4. After 1 month of US stay on L1, I will travel back to India and will wait there for H1 get approved, if not approved till this date and than will go for Stamping there? Is it possible?
>>> Possible.

[godisgreat4all]

Thanks for your reply. I need further clarification for your comments:

1. While L1 to H1 with COS approval is still pending, I have to travel to India in August 2nd week.
2. I am planning to come back to US after 15 days i.e on 1st Sept, on my current L1 visa as it is valid till Dec 2012. Can I travel back? Will it affect H1 processing?
>>> If you leave the country when H1B COS is under process, then the COS might get denied, unless you petition is already taken for processing before you leave.
So If I am leaving US with COS pending for 15 days, then also I can return to US on my L1 visa. Am I right?

Is there any chance I can get deported because of this?

3. What if my H1 get approved while I am India? As H1 will get effective from Oct 1st, Can I still travel on valid L1? Will my travel affect the H1 visa processing?
>>> In that case, the best option is to get the H1b visa stamped and return back in H1B visa after the H1B effective date.
If I come back to US on L1 on Sept 1st, Will it anyway cancel my H1 visa processing or only COS?

4. After 1 month of US stay on L1, I will travel back to India and will wait there for H1 get approved, if not approved till this date and than will go for Stamping there? Is it possible?
>>> Possible.

[shervin143]

So If I am leaving US with COS pending for 15 days, then also I can return to US on my L1 visa. Am I right?
>>> Yes.

Is there any chance I can get deported because of this?
>>> No. You will be allowed to enter as long as the L1 petition and L1 visa remains valid.

If I come back to US on L1 on Sept 1st, Will it anyway cancel my H1 visa processing or only COS?
>>> The petition will remain valid. If teh H1B gets approved with a new I-94 and if it is effective from Oct 1st and if you enter U.S before Oct 1st in L1 visa, then you will never know if the COS actually happpened or not. It will create all sort of status confusions. Search and read about the last action rule.

[godisgreat4all]

Thank you a lot for your help.!! I appreciate it. ^ ^
I will search for Last action rule and will make my understanding clear on it.

So If I am leaving US with COS pending for 15 days, then also I can return to US on my L1 visa. Am I right?
>>> Yes.

Is there any chance I can get deported because of this?
>>> No. You will be allowed to enter as long as the L1 petition and L1 visa remains valid.

If I come back to US on L1 on Sept 1st, Will it anyway cancel my H1 visa processing or only COS?
>>> The petition will remain valid. If teh H1B gets approved with a new I-94 and if it is effective from Oct 1st and if you enter U.S before Oct 1st in L1 visa, then you will never know if the COS actually happpened or not. It will create all sort of status confusions. Search and read about the last action rule.

[godisgreat4all]

So If I am leaving US with COS pending for 15 days, then also I can return to US on my L1 visa. Am I right?
>>> Yes.
Thanks!

Is there any chance I can get deported because of this?
>>> No. You will be allowed to enter as long as the L1 petition and L1 visa remains valid.
Thanks!

If I come back to US on L1 on Sept 1st, Will it anyway cancel my H1 visa processing or only COS?
>>> The petition will remain valid. If teh H1B gets approved with a new I-94 and if it is effective from Oct 1st and if you enter U.S before Oct 1st in L1 visa, then you will never know if the COS actually happened or not. It will create all sort of status confusions. Search and read about the last action rule.

To avoid this confusion of my status, Can I travel outside to US again before or after 1st Oct And will go for H1 Visa stamping at home country and come back with approved H1. Will it maintain my new H1 Visa status?

Thanks for your Help!

[shervin143]

You can certainly do that. But you have to leave before the H1B status startes (Oct 1st) and re-enter in H1B visa after the H1B petition becomes effective. Alternatively, you can get the H1B visa stamped and return back in H1B on or after September 21st and avoid another international travel.

To avoid this confusion of my status, Can I travel outside to US again before or after 1st Oct And will go for H1 Visa stamping at home country and come back with approved H1. Will it maintain my new H1 Visa status? !