Travel to India while H1 is in process

[nhiremath2581]

Hi
I am currently on L2 - EAD and working. My current employer is planning to file my new H1 -B application this year on April 1st 2009.
I am planning to travel to India on 9th April and return back on April 27th.
Would my H1-B application approval be affected because of my travel?

Also, is it advisable not to travel while the application is under process.

Would you suggest to travel after my H1 application is approved and before my change of Status is applied?

Any help on the above is greatly appreciated.

[txh1b]

Travel prior to H1b approval will void a COS but the H1b will get processed as usual.

It is never a good idea to have a COS approved as you will have to get paid from day 1 of your COS and maintain your H1b status.

Travel and return after an approval and prior to COS effective date of Oct 1st will still change the status to H1 on Oct 1st. Read Leapfrog for more details.

[dileep24p]

Hi pleaseee..
I have an urgent question on the above topic..
An employeer is processing H1B for my wife on this April 2009.
Currently she is in US on H4.

1. Is it mandatory to apply for COS while applying H1B ?
2. When she is in US, IF COS is mandatory while applying for H1B --
-- Applying H1B and COS on April 2009.
-- Travelling to India on April 25th and returns on May 15th on H4.
-- Assuming in July, H1B approves, and COS denies(since she is out of the country during processing)
-- Once her COS denies, can she apply once again. I heard that she can not apply again and she has to go back to India for her stamping. Is it true ?

Appreciate your reply.
Dileep


.

[dileep24p]

Can some one please answer to my post.

DIleep