H1 to L1 Transfer - vacation to India?

[DKA]

Hi,

I am on L1B(expires 2013) and planning to apply H1B this week. My LCA is already approved and my employer is all set to post the documents for H1 filing(general quota not PP) tomorrow(monday). But i am planning to go to india in next 2-3 days on some emergemcy and will be back by dec 1st week. If my employer files my H1 now and if we recieve the reciept by the time i enter USA again in dec 1st week, would there be any problem at immigration as my status might get changed to pending? Or am i good to travel?

If you say this is risky, I have to apply on the day i reach usa back with overnight courier if the quota is still left / drop my travel. Please suggest .

Thanks

DKA

[livliv]

It is not exactly risky, but it creates status confusion. Change of status will be applied based on your current I-94 and when you return you will receive a new I-94 and after change of status is approved you will receive still another I-94. It becomes a matter of confusion as to which I-94 holds.

Your employer can apply as consular processing. That way your status will remain L1 and whenever you wish to change to H1 afterwards, you will have to leave the US and return with H1 Visa.

[pontevecchio]

Have the H1 filed with COS after you return. Alternatively get the H1 visa on approval of the petition and come back.