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Travelling to India while H1 approval pending

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Hello Gurus,

I am here on L2 (valid till Nov 2012) and have applied for H1B in Nov 2011 and the approval is still pending (status says initial review), my question is can I travel back to India for a week and return within this month? What if my H1 gets approved while I am in India? Will it create any problem as I would be returning to US with L2 status but in actual it's being changed to H1B. Is it advisable to travel while visa status change is pending? Awaiting responses.


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It is not advisible to travel when extension is pending.... if you are in india and h1 gets approved, you will have to get it STAMPED before you can enter us on h1... you can anytime return on l2 but cannot work untill your h1 is stamped...

Again, you should AVOID travelling while petition is pending

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To my knowledge,

You just need to ask your H1B Sponser whether they filed H1B with COS.

If so, if by chance your petition get approved when you are in INDIA then your L2 becomes void. If COS not applied, then you are very much safe and you can come back in L2 as dependent. You can then apply for COS after you enter US.

Better you talk to H1 Sponser before you travel.

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