L1 to H1 transfer - Travel to India without CoS approval

[grvshr]

I work for company A on L1 visa which has expired in 2012 but I94 is valid till Dec'2013. My company has filed H1 (CoS) and my application has been selected by USCIS in lottery.

My Query is:

1. If I have to leave USA before my petition gets approved, what would happen to my case with USCIS?

2. Can I go back to India before CoS petition approval, but still my H1 approval process continues?

3. Do I need to report to USCIS that I am moving out of US so my CoS should be converted to CP?

Thanks
Gaurav

[raghvi]

I work for company A on L1 visa which has expired in 2012 but I94 is valid till Dec'2013. My company has filed H1 (CoS) and my application has been selected by USCIS in lottery.

My Query is:

1. If I have to leave USA before my petition gets approved, what would happen to my case with USCIS?

2. Can I go back to India before CoS petition approval, but still my H1 approval process continues?

3. Do I need to report to USCIS that I am moving out of US so my CoS should be converted to CP?

Thanks
Gaurav

If you leave US, you cant come back without getting a H1 stamping done and since yours is a fresh H1 you can re enter US only around 01-Oct-2013.

Technically COS doesn't make sense when one is outside US so it should automatically get converted to Consular processing but it doesn't happen many times.
1. You case gets processed as usual.
2. yes you can, once in India, you have to schedule an interview at US consulate by filling DS-160, and take the approved H1 petition when you go for stamping.
3. Not required.

This is my opinion not legal advice.