H-1B - change of status but have to travel soon

[PieterS]

Hey,

We just got word that my wife has been selected in this year's H-1B lottery (regular cap). We're very relieved, but we're also in a bit of a pickle now: we filed for "change of status" because she is in the country right now (O3 status). However, she needs to travel to our home country (Belgium) for a few weeks soon for an internship there.

What will happen when she does? I understand the change of status part of the application will be considered abandoned when she leaves the country, but will this compromise the underlying H-1B application or just the change of status part?

Will she be able to

- travel to Belgium for a few weeks
- after few weeks: travel back the US using her O3 status (still valid until 2020) and wait for news on H1b
- if H1b approved: travel back to Belgium to get visa stamp in Belgium?

Thank you for your insights,
Pieter

[newacct]

Hey,

We just got word that my wife has been selected in this year's H-1B lottery (regular cap). We're very relieved, but we're also in a bit of a pickle now: we filed for "change of status" because she is in the country right now (O3 status). However, she needs to travel to our home country (Belgium) for a few weeks soon for an internship there.

What will happen when she does? I understand the change of status part of the application will be considered abandoned when she leaves the country, but will this compromise the underlying H-1B application or just the change of status part?

Will she be able to

- travel to Belgium for a few weeks
- after few weeks: travel back the US using her O3 status (still valid until 2020) and wait for news on H1b
- if H1b approved: travel back to Belgium to get visa stamp in Belgium?

Yes, she can do that. The main thing to note is that her H1b petition will be approved but with no Change of Status, so even if she is in the US at that time, she will not go into H1b status; she would have to either 1) leave the US and get an H1b visa and enter on that visa, or 2) have the employer file another I-129, to go into H1b status.

[PieterS]

Thank you for your reply!