Travel during Change of Status

[abhisheksjain]

I am on L1 Visa with company A and company B is filing L1 to H1 Chage Of Status. Due to personal reason I have to travel this weekend after filing.

Does this cancel L1 to H1 COS filed by company B?

If not what company B will/can if REF comes on the case?

Please provide recommandations/suggestions I should consider before traveling, since I can't avoid travel.

[pontevecchio]

1. The COS will be denied. The H1 petition itself will be decided on merits. Hence if approved you will need to get the H1 visa to come back to work for the H1 sponsor.

2. If B gets an RFE they will answer the RFE if they choose to or withdraw the offer.

[Attorney_23]

Pontevecchio is essentially correct. Per a 2001 memo from the Legacy INS, "an alien on whose behalf a change of nonimmigrant status has been filed and who travels outside the Untied States before the request is adjudicated is considered to have abandoned the request for a change of nonimmigrant status."

The only reason I say essentially correct is that USCIS may still issue an approval of the COS, since they may be unaware that the beneficiary has traveled. However, even if the beneficiary receives such an approval notice, it generally should not be relied upon.

[abhisheksjain]

Thanks for the replies this clear lots of questions.

Even If I wait in states for COS to get approved before travel I need VISA before coming back here.

Does that mean it is no harm to file COS along with H1 when I have a plan to travel shortly? It does not affect H1 case filed by company on behalf of me. It only affect COS application.

Please let me know if my assumption is correct.