H1B is processing on L1B now in US planning for vacations

[sunny7454]

Hi I have a query on H1B visa

I am currently on L1B visa in US and Visa Valid till Mar 2014, My current Employer is filing my H-1B on 1st Apr 2013.

I have Vacation Plans, Can i travel to India between Apr to Oct when my H-1B is filed? Please help

[raghvi]

Hi I have a query on H1B visa

I am currently on L1B visa in US and Visa Valid till Mar 2014, My current Employer is filing my H-1B on 1st Apr 2013.

I have Vacation Plans, Can i travel to India between Apr to Oct when my H-1B is filed? Please help

In case you travel after filing a COS request your H1 will be approved as consular process. Even if it doesnt get approved as consular process, when you return on L1, you end up getting two I-94s (one for L1 and another for approved H1 COS). This gives rise to confusion as to whether you are in H1 or L1. To avoid this, advisable to either file H1 after travel back to US OR to file H1 as consular process, attend H1 visa interview while in India and return on H1, if approved, around, 01-Oct-2013.

This is my opinion not legal advice.