H1B filling from US in April 2014 and Travel plans to India in March

[neshreyrai]

Hi,

Current Status:
I am currently on L1-B and my wife is on L2.
We both are working as she has EAD.
However my employer is Filling H1 for me and her employer is filling H1 for her this year on 1st April 2014

However we have travel plans to India from 9th to 31 March. We both have provided our current I-94 details in the H1B petition form.
But as I have mentioned that we are travelling and will be back before 1st April 2014 our I-94 number will change and all the details pertaining to our existing I-94.

Question:
--will it cause any issues in H1B processing for both of us
--should we drop our plans to visit India.
--or there will be no problem because at the time of filling application with the Attorney we provided the right information and it changed afterwards.[/B]

[raghvi]

Hi,

Current Status:
I am currently on L1-B and my wife is on L2.
We both are working as she has EAD.
However my employer is Filling H1 for me and her employer is filling H1 for her this year on 1st April 2014

However we have travel plans to India from 9th to 31 March. We both have provided our current I-94 details in the H1B petition form.
But as I have mentioned that we are travelling and will be back before 1st April 2014 our I-94 number will change and all the details pertaining to our existing I-94.

Question:
--will it cause any issues in H1B processing for both of us
--should we drop our plans to visit India.
--or there will be no problem because at the time of filling application with the Attorney we provided the right information and it changed afterwards.[/B]

Though you provided the attorney the right details, would USCIS receive the right I-94 details on 01-Apr-2014 as of 01-Apr-2014?

If everything else is fine with the H1 petition USCIS will generally approve such petition but deny the Change of Status citing that the alien traveled while the COS decision was pending.

Either travel much before 1st April (keeping in mind the timely submission of new I-94 to Attorney and Attorney to USCIS) and submit the new I-94 as of 01-April-2014 to USCIS.

OR

Travel after COS to H1 is approved and return before COS start date.

This is my opinion not legal advice.