H1 Change of status while out of the US

[gdlif]

Hi,

I had to leave the US in May because the L1 extension was denied. However, my company filed H1 change of status petition when I was there and it was selected in the lottery. What happens to the petition? If the petition will approved or not while I am out of the US during H1 change of status application is pending? thanks

[raghvi]

Hi,

I had to leave the US in May because the L1 extension was denied. However, my company filed H1 change of status petition when I was there and it was selected in the lottery. What happens to the petition? If the petition will approved or not while I am out of the US during H1 change of status application is pending? thanks

Petition may be approved but COS would be denied as you are not in US. In such a scenario, if everything else is fine with the H1, it gets approved as consular process and you would need to get H1 stamped in passport in order to enter US. Which anyhow you would have to do as you are outside US.

This is my opinion not legal advice.

[gdlif]

Petition may be approved but COS would be denied as you are not in US. In such a scenario, if everything else is fine with the H1, it gets approved as consular process and you would need to get H1 stamped in passport in order to enter US. Which anyhow you would have to do as you are outside US.

This is my opinion not legal advice.

Raghvi, thanks for the reply and hope it goes like wrote above. It gives me some hope and god bless you :-)