Went out of country when CoS pending

[senthil_usa]

Hello All,

I came to US in April 2011 in L2 visa and applied for EAD. I started looking for jobs after EAD and I got an offer in mid November, the start date of job was given as 12/1/2011. The employer applied for H1B visa (premium processing) in the third week of November. I had to go to India around the same time (third week of Nov) to address an urgent issue . I reentered US on L2 visa on 11/30/2011 and my H1B petition as well as the change of status (CoS) got approved on 12/15/2011. I was given a I94 in the port of entry and an I94 was sent along with my H1 petition approval. I still don't have visa stamping. I have plans to go to India in May 2013.

All Relevant Dates from my I797 notice:

Petition Receipt Date: 11/21/2011
Notice Date: 12/15/2011
I94 start date: 12/14/2011
I94 end date: 11/29/2014

Date of leaving US: 11/21/2011
Date of reentering US: 11/29/2011

Here is my question:
When I go for stamping in India, will there be an issue because I left US on the same day my CoS was received by USCIS?

[kabkaba]

Since change of status was approved after your return in L2 status, your current status as per last action rule is H1. I hope you are working with the sponsor to maintain H1 status.

[senthil_usa]

Since change of status was approved after your return in L2 status, your current status as per last action rule is H1. I hope you are working with the sponsor to maintain H1 status.

Thanks for the reply Kabkaba. Your reply was reassuring.

I was worried because I recently read from a forum that if someone leaves US when the change of status is pending, the change of status becomes automatically abandoned. Do you think this is a correct statement? What is your opinion on this?

Thanks again.

[kabkaba]

That is correct, but it only becomes a problem when COS is denied because of that. Since in this case COS was approved and that was the last action, it stands.

[senthil_usa]

That is correct, but it only becomes a problem when COS is denied because of that. Since in this case COS was approved and that was the last action, it stands.

Thanks much Kabkaba, my employer advised me to go for stamping at the earliest just to be on a safer side.

[senthil_usa]

My visa was approved and stamped. Thanks.