Travel outside US during H4 to L1 Conversion

[bhuvana_tk]

Hi

I came to US in H4 VISA and my company initiated L1 from here in July 2015. Since, it was a regular Petition, there is no progress yet, however, I need to go back to India to join work. Will my Petition remain valid even if I travel outside the US?

Thanks in Advance
Regards
Bhuvana

[shervin143]

The petition would have been filed as a COS from H4 to L1. If you travel out when the petition is pending, then the COS will get denied and the petition can get approved for consular process. To return back in L1 status, you will need to get the L1 visa stamped (assuming it is an L1 individual petition). The employer can also upgrade the case to premium and get the result within 15 days, in which case you can join the employer in U.S rather than going back and joining at your home country.