H1 -Travel to home country in the month of May--Please help!!!

[RSqaure]

Hello,

I have two questions which are tickling alot in my mind


1. I am planing to apply for H1 this year, I know that in the month of April H1 applications will filed. Once the H1 application is filed by my new company, Can I visit my home country in the month May. I heard that I-94 shouldn't change in the H1 application form. will that be an issue if I travel to my home country from Us in the month of may.

2. When is that I can know if my H1 is approved or not?

Thanks in advance!

~R

[shervin143]

I have two questions which are tickling alot in my mind

1. I am planing to apply for H1 this year, I know that in the month of April H1 applications will filed. Once the H1 application is filed by my new company, Can I visit my home country in the month May. I heard that I-94 shouldn't change in the H1 application form. will that be an issue if I travel to my home country from Us in the month of may.
>>> You can travel. However, keep in mind that your COS to H1B might get denied and the H1B could be approved with Consular processing. In which case, you need to get the visa stamped and re-enter in H1B or you will have to try and file an H1B amendment to get the status changed to COS.

2. When is that I can know if my H1 is approved or not?
>>> Before Oct 1st.

[RSqaure]

Thanks a quick reply

I am on L2 visa now ..If I am travelling in Mid of May and returning back same month end (May) , even then would be there be problem with H1 application (I-94 ) issue [ COS to H1 getting denied]

Can you please give me a clear idea on this also

~R

[shervin143]

Hard to predict. It depends on when your application is taken for processing. If you were out of the country when it was under processing, then the COS might get denied.

Thanks a quick reply

I am on L2 visa now ..If I am travelling in Mid of May and returning back same month end (May) , even then would be there be problem with H1 application (I-94 ) issue [ COS to H1 getting denied]

Can you please give me a clear idea on this also

~R

[RSqaure]

that is very informative and helpful

thanks alot for ur time!

[RSqaure]

another help plz

I work for an MNC and I am on L1 Visa, I am applying for H1 through a consultancy
My doubt is as per the rules of my company I need to give two months notice before quitting the job.

If I get H1 when will I know about it and if I get confirmation by jul or aug, will I be able to stay in US with the petition approval even if my company wants me to go back to India?

If I quit in aug/sept, can I stay till oct 1 st ?

Appreciate ur reply.

~R

[shervin143]

I work for an MNC and I am on L1 Visa, I am applying for H1 through a consultancy
My doubt is as per the rules of my company I need to give two months notice before quitting the job.

If I get H1 when will I know about it
>>> Whenever the status gets updated in the USCIS website or when your employer receives the approval notice. Anytime before Oct 1st.

and if I get confirmation by jul or aug, will I be able to stay in US with the petition approval even if my company wants me to go back to India?
>>> No. The actual validity of the petition starts only from Oct 1st (If it was a COS. If not, when you get it stamped and enter in H1B status)

If I quit in aug/sept, can I stay till oct 1 st ?
>>> No. See above answer. You would go out of status if you do that. Should continue on your L1 till end of September and from Oct 1st you can join the h1B employer (Provided it was a COS)

[RSqaure]

thank you much for the reply

have a nice evening

~R