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travel after H1B COS approval and return to US after 01 october

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  • travel after H1B COS approval and return to US after 01 october

    Hi All,

    I have been following this forum and found many posts related to this topic, but could not find a simple scenario been asked/answered. Can someone help me here?

    I am currently working with company A on an L1 Visa that is valid till 2015. Company B filled a COS to h1B (premium) and i received an approval notice with the effective date of 01st October 2014.

    I am planning to resign from company A(L1B) in September with my last working day as 26th September (not 30th september). I will be travelling abroad with H1B approval documents and coming back to US in mid november 2014 to join company B.


    1. Can I travel since the COS is already approved? will travelling before 30th september abandon the COS?
    2. Will there be any potential problems to get the H1B stamped in october 2014 outside US as it was filled as a COS, not consular processing and i am getting it stamped before starting the employment with H1B employer? My h1B employment may start somewhere in november 2014.

  • #2
    Originally posted by ASINGH123 View Post
    Hi All,

    I have been following this forum and found many posts related to this topic, but could not find a simple scenario been asked/answered. Can someone help me here?

    I am currently working with company A on an L1 Visa that is valid till 2015. Company B filled a COS to h1B (premium) and i received an approval notice with the effective date of 01st October 2014.

    I am planning to resign from company A(L1B) in September with my last working day as 26th September (not 30th september). I will be travelling abroad with H1B approval documents and coming back to US in mid november 2014 to join company B.


    1. Can I travel since the COS is already approved? will travelling before 30th september abandon the COS?
    2. Will there be any potential problems to get the H1B stamped in october 2014 outside US as it was filled as a COS, not consular processing and i am getting it stamped before starting the employment with H1B employer? My h1B employment may start somewhere in november 2014.
    1. Don't see any issue. COS is abandoned if one travel before it is approved. Even if it is since you are going for stamping, it doesn't matter much.
    2. As long as H1 employer is genuine I don't see any issues.

    This is my opinion not legal advice.

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