Travel to India while COS L1 to H1 pending

[saran87]

Currently, i am working on L1 B with Org A and i have applied for L1 to H1 COS through Org B (currently in Initial Review). I am planning to fly to India for a short visit during Aug end and will be back in the mid of sep.
Ques:
1. If i go to India before COS is approved, will that impact both H1 and COS?
2. If my COS is approved before my travel to India, will there be any impact to my VISA status while i return in mid of sep?

[raghvi]

Currently, i am working on L1 B with Org A and i have applied for L1 to H1 COS through Org B (currently in Initial Review). I am planning to fly to India for a short visit during Aug end and will be back in the mid of sep.
Ques:
1. If i go to India before COS is approved, will that impact both H1 and COS?
2. If my COS is approved before my travel to India, will there be any impact to my VISA status while i return in mid of sep?

1. The COS will most likely be denied. The H1 petition may get approved as consular process. If this happens then you would not automatically move to H1 from 01-Oct-2014 and to move to H1 would need to re apply the L1 to H1 COS. The bigger confusion that can happen is that even if the law says that the COS should be denied if one travels outside US while it is pending but due to time lags between communication within US departments, the COS still gets approved. So in effect, you end up having two I-94s upon your entry to US, one H1 and other for L1 and there would be no sure shot way of knowing whether you are on L1 or on H1 from 01-Oct-2014.

2. If it is approved before your travel then I dont see any impact. In that case you must and should work only with H1 employer from 01-Oct-2014. Any employment with L1 employer after COS to H1 is illegal.

This is my opinion not legal advice.