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L1 to H1b COS Travelling with case pending

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  • L1 to H1b COS Travelling with case pending

    Hi!

    I have filed my H1B petition seeking for Change of Status from L1 to H1B for the 2010 Cap.It is under progress.
    I am not sure about when I will get the approval.

    In the meantime if I have to go back to the home country with my employment terminated under L1, what would happen to the Change of Status? Is there a legal issue travelling outside the country having applied for Change of Status.Can I get the Visa stamped with the approved I -797 petition to get back to US?
    Precisely can I travel outside the country having COS pending approval.
    I would appreciate your repsonse

    Thanks,
    Satguru1

  • #2
    Your COS will be cancelled. However, your petition will be get approved (Assuming there is no RFE). You will need to get the H1B stamped to enter U.S in H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Your COS will be cancelled. However, your petition will be get approved (Assuming there is no RFE). You will need to get the H1B stamped to enter U.S in H1B.
      I have received my H1B approval with COS from L1.

      What is the grace period that I have to join the new employer.Can I take about 15- 20 days to start employment ?
      Which would a notice period to the current L1 employer.

      Let me know.
      Thanks.

      Comment


      • #4
        There is no such grace period. Your employment with the L1 employer after the effective "Valid From" date on your H1B I-94 is illegal (Inside U.S).
        Last edited by shervin143; 12-13-2009, 08:58 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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