COS void if we travel outside US before activation date even when COS approved by CIS

[abz]

Hi all,

In 2014 my H1 petition got approved and COS activation date was on Oct 1st 2014.But i was in India when H1 got approved.I returned to US in L1 visa on Sept 22nd 2014 .In an article i had read that after applying for COS, if we travel before Oct. 1st outside US ,then COS will become legally void and null even if the immigration Service has approved the COS and that particular COS cannot be used in the future. Is this true?

[raghvi]

Hi all,

In 2014 my H1 petition got approved and COS activation date was on Oct 1st 2014.But i was in India when H1 got approved.I returned to US in L1 visa on Sept 22nd 2014 .In an article i had read that after applying for COS, if we travel before Oct. 1st outside US ,then COS will become legally void and null even if the immigration Service has approved the COS and that particular COS cannot be used in the future. Is this true?

Yes. You have to understand COS means Change of Status, one is on Non immigrant Status X and wants to change to Y. But if one leaves US while this COS is pending, one no longer has any valid Non immigrant status outside US, so COS in itself does not hold any meaning at that point.

This is my opinion not legal advice.