Travel to India after applying for H1 Consular Process

[jortin]

Helo,

I am currently on L1 and planning to convert to H1 this year through consular processing.
The issue here is I have to travel to India for 2 weeks in April. If apply for H1 Consular before the travel, will that be a a problem?. My I94 number will change when I return. So Any issues there?
First off all , is it ok to travel to India , if H1 consular is in process?

It would be great if you can share your thoughts on the above.

Thanks,
Jortin

[shervin143]

If you are filing the H1B as a Consular process, then there is no issue in travelling. The H1B approval will come come with a new I-94 and so there will not be any I-94 mismatch. If H1B is applied for consular process, you cannot work for the H1B sponsor until you get the H1B stamped and return back in H1B visa which will get you a new I-94 associated to the H1B status at the POE.

Only if the H1B is filed as a COS from L1, then you are not suppose to travel as the H1B approval will come with a new I-94 attached and if you leave the country in that state, the COS might get denied.

[jortin]

Thanks

Thanks. Any thoughts on how soon H1 quota will be filled up this year?Just thinking if it is risky to apply for H1 after coming back on April end.

[shervin143]

I don't think it will get filled that soon.

Thanks. Any thoughts on how soon H1 quota will be filled up this year?Just thinking if it is risky to apply for H1 after coming back on April end.

[jortin]

Thanks

OKay Thanks ..