L1 to H1 transfer

[muzahm]

Hi,

I am currently on L1 visa. My L1 and I94 are expriring on May 2014.

But my current company also went ahead and filed for my H1 for this year. We know that H1 this year is lottery system. My question is

1. If i get my H1 approved, can i travel to my home country in the month of August and come back in September. If so do i have to get my visa stamped. I know that H1 gets kicked off only from october. Hence i am confused.

2. Some of my friends advised not to travel in August, please advise if travelling in August is ok.

3. If My H1 gets rejected, do i have to leave the country. I mean does my L1 get void in case of H1 rejection.

Thanks,

[raghvi]

Hi,

I am currently on L1 visa. My L1 and I94 are expriring on May 2014.

But my current company also went ahead and filed for my H1 for this year. We know that H1 this year is lottery system. My question is

1. If i get my H1 approved, can i travel to my home country in the month of August and come back in September. If so do i have to get my visa stamped. I know that H1 gets kicked off only from october. Hence i am confused.

2. Some of my friends advised not to travel in August, please advise if travelling in August is ok.

3. If My H1 gets rejected, do i have to leave the country. I mean does my L1 get void in case of H1 rejection.

Thanks,

1. Avoid travel while a COS is pending with USCIS. Look at this way, you submitted to USCIS an application that you want to change your status to H1 based on your existing I-94. Now if you travel outside US, your I-94 is bound to change hence a necessity to file an amendment to H1 petition. If you want to travel, travel after getting approval and return after 01-Oct-2013 after getting H1 stamped in passport.
2. I would also advise against travel.
3. Your L1 and I-94 will still be valid till May 2014.

This is my opinion not legal advice.