Travel once H1B petition is approved

[nithyakesan]

Hi,

I am working in US in L2 visa, with a valid EAD.
My employer filed a H1B COS petition for me, and I am waiting for its approval.

In the meantime I have some religious rituals to be performed in my home country during the month of August.

My question is,
Once my H1B petition is approved,
1) If I travel to my home country in August and come back before Oct-1st, can I enter in my L2 visa?
2) What will be my status on Oct-1st?
3) The company attorney says my EAD gets cancelled, after my H1B petition is approved. In that case, if I enter in L2, can I start working immediately, or should I apply for EAD and then start working?
4) With an approved H1B petition in hand, can I apply for a COS again after entering in L2?

Thanks for your help.

[sk4ih]

1) Yes
2) H1. No more L2.
3)Yes. You already have EAD.
4) Not needed. From Oct 1st you'll automatically be in H1.

[nithyakesan]

Hi sk4ih,

Thank you for your reply.

So from your answers, can I conclude like,

"Once H1B petition is approved, I can go out of the country and come in using my current status(before Oct-1st) and it will not affect my current status, EAD and H1B approval by any means"

I was worried, as H1B COS was based on my current I-94.

Thank you once again.

[Subramanya]

So from your answers, can I conclude like,

"Once H1B petition is approved, I can go out of the country and come in using my current status(before Oct-1st) and it will not affect my current status, EAD and H1B approval by any means"

I was worried, as H1B COS was based on my current I-94.

---- Once your H1B is approved and you leave the US, you will not be automatically taken as H1 and cannot work on H1. There are a few thing here

---- The I-94 on the H1 is invalid as you have travelled outsied of US (and you have to submit it at the airport). If not sumbitted the USCIS will track you down later if you start working on that I-94

---- The COS from L2 to H1 is only valid while you are in the US before Oct.1 and not if you move out

---- To be legally working on H1 from Oct. you should get a H1 visa stamped on your Passport at a US consulate abroad and enter US with a new I-94 at the POE

---- Even after all this if you start working on H1, you will be staying and working illegally

---- For clarification and abosulute confirmation please consult an attorney to get the best response to this query

---- A number of queries on htis forum and others were answered for the same issue. You may browse them for your information


Sorry for contradicting the post and response by sk4ih.
Subramanya