Need Help on my case !!!

[Prakash_1182]

Hi - Me and my wife are working on L1B on Company A. My L1B is expiring on May 2012. My wife L1B is expiring in Feb 2012. I have filed L2 and EAD which I am expecting by April month end. EAD will also be valid till Feb 2013 (same date as my wife L1B). Our company has planed to file H1 and Green Card for both. We were planning to go to India in June 2012 or Nov 2012 for 3 weeks. Here are my questions:

1: If we go to India in June 2012 when H1 and Green Card is in process, then will both H1 and Green Card) or any one (H1/GC) will be void ?

2: If we go to India in June 2012 when H1 is approved, then do we have to get H1 stamped ?

3: If we go to India in Nov 2012 after H1 is approved for both, then will H1 needs to be stamped ? Or we can enter on L1B/EAD as both are valid till Feb 2013.

4: If the answer for point # 3 is yes, then after coming to US, we will file Change of Status. If Change of Status is pending till Feb 2013 (L1B and EAD expiry), can we continue working on H1 ? Or will it be illegal ?

I need to know which is the best and minimum risk time to go to India and come back.

Thanks.

[Prakash_1182]

Please help !!

[kalyan_ac]

OK, once your H1 petitions are approved, you no longer will be on L2/EAD.

Yes you need to get stamped to comeback.

Going on vacation will not void your h1 or GC.

[SameerH1Bworker]

1: If we go to India in June 2012 when H1 and Green Card is in process, then will both H1 and Green Card) or any one (H1/GC) will be void

- NO, H1 starts from 1st Oct.

2: If we go to India in June 2012 when H1 is approved, then do we have to get H1 stamped ?

- Yes, if you want to work on H1.

3: If we go to India in Nov 2012 after H1 is approved for both, then will H1 needs to be stamped ? Or we can enter on L1B/EAD as both are valid till Feb 2013.

- Change of status can not be filed on approved H1 before. You can come back & then file for L1 to H1B in premium, so, that you get approval before Feb 2013 & that way you can avoid H1B stamping.

4: If the answer for point # 3 is yes, then after coming to US, we will file Change of Status. If Change of Status is pending till Feb 2013 (L1B and EAD expiry), can we continue working on H1 ? Or will it be illegal ?

- check answer 2 & 3.