Leave US while H1b in process

[nchhabria]

I am in US on L1 visa, valid till July 2013. Also my new H1B processing will start next week(May 7th) with a different employer.

I have a plan to visit India and return US in 3-4 weeks, sometime before Oct 1st 2012. Please guide me with the impact on the new H1B processing case and current L1 visa for the below scenarios, while I am in India :

1. The H1B is still in process and not approved.

2. H1B gets approved.

I am hoping in both cases I DON'T have to go for H1B stamping in India because of the following reasons:

1. The start date for new H1B will anyways be 1st Oct 2012 and

2. I have a valid L1 visa which I can use to come back.

Please let me know if these assumptions are valid and if not then please advise how I should go about it.

Thanks in advance.

[GCin2013]

If you back to India, you will have to get your H1B stamp before entering irrespective if you have L1 stamped or not.

[wiweq]

"If you back to India, you will have to get your H1B stamp before entering irrespective if you have L1 stamped or not."

=> Wrong, if OP enters in USA before Oct 1st, s/he doesn't need to get stamping. If his H1b is processed with COS, his COS is scheduled on Oct 1st (providing that s/he is present in USA on Oct 1st). Read this link carefully

[nchhabria]

Thanks wiweq for the information, it was helpful.