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L1 to H1 and travel to India when H1 is approved but not implemented

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  • L1 to H1 and travel to India when H1 is approved but not implemented

    Hi, I am currently on L1 and applying for H1. If my H1 is approved by USICS and it will be active from 1st Oct..Can I travel to india once the H1 is approved and come back before H1 come before H1 comes into force on 1st oct on L1 and without applying for h1 stamping. My L1 will be valid till that time. Please advice,

  • #2
    That is not advisable. Your change of status will be approved based on your current I-94 and when you travel you will get a new I-94 and the change of status will be voided. You can of course continue in L1 status then.
    This is my opinion and not legal advice.

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    • #3
      If you ahve to travel between April 1st and Oct 1st, then either come back in L1 visa and then file the COS to H1B or get the H1B visa stamped and return back in H1B visa on or after Oct 1st.
      Not a legal advice. Use of this information is strictly at your own risk.

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