H1B Approval & Travel Outside US before Oct 1st

[swaram17]

Hii,

I have a question regarding my recent H1B petition approval (with COS) and travel outside USA before Oct 1st' 2012.

Description:

I am currently on L-1B visa.

My H-1B petition has been approved with COS for this year with starting validity date as Oct 1st 2012.

I am planning to travel to India on July 13^th 2012 and return back to US around August 15^th 2012 and continue to work for my L-1B employer until Oct 1st.

I would be returning to US along with my spouse on her L2 visa which we shall apply for in July ending.

Once the process is complete, we both would return to US in Mid-August with me on L-1B and spouse on L2 visa.

Questions:

I have the following questions:

1) Even though my H-1B is approved, can I still come back on my existing L-1B visa in Mid-August 2012 along with my spouse on L2 visa?

2) Do I have to necessarily go for H-1B visa stamping before coming back in August?

3) Will there be any questions asked at US Immigration regarding my recently approved H-1B on my return back to US?

4) Would I need to provide any specific additional documentation to prove that my current L-1B is still valid?

5) Is there any grace period for starting working for my H-1B employer or do I have to compulsory start working from Oct 1st onwards?

I'd be really grateful to get any clarification on these questions.

Thanks a lot in advance.

Regards,

Swaram

[wiweq]

1) Even though my H-1B is approved, can I still come back on my existing L-1B visa in Mid-August 2012 along with my spouse on L2 visa?

=> Yes, you can. As you mentioned your H1b is approved with COS. This COS from L1 to H1b is scheduled on Oct 1st. You need to maintain your L1b on Oct 1st to make this happen.

2) Do I have to necessarily go for H-1B visa stamping before coming back in August?

=> No. You can even enter in USA on Sept 30 on L1 and start working on H1b with no stamping.

3) Will there be any questions asked at US Immigration regarding my recently approved H-1B on my return back to US?

=> No, they just concern about your current visa status, i.e. L1 have the documents to pporve that, like employer letter etc.

4) Would I need to provide any specific additional documentation to prove that my current L-1B is still valid?

=> Employment letter may work, or any I797 you got.

5) Is there any grace period for starting working for my H-1B employer or do I have to compulsory start working from Oct 1st onwards?

=> You HAVE to start working from Oct 1st. Your H1b status will kick off from Oct 1st, now you need to maintain it by working for your employer and getting paid all the time. More doubts, let us know.

[jai5]

1.If you travel to India and return on L1 you are abandoning the COS. COS can be given only to people who are in USA on another visa

2. If you do not come back with a H1 stamping you cannot start on H1B from Oct 1st

3 I don't know

4.What ever you carried during your previous entry to USA

5.With COS your visa status will change to H1 from OCT 1st. or you can check you new 194 which will say the validity.

I would advice you to take expert opinion before you make any travel plans

[pontevecchio]

It is absolutely untrue that the COS to H1 is abandoned by travel. The new I94 for the H1 from October,1 should have the same A#. There is no prohibition in travel after a COS is approved. You are coming back to resume L1 status with an I94 with the same consistent A #. You need to make sure that you immediately file for COS to H4 for your spouse. I would also add that HR and Immigration related issues seem to be very poorly handled by Indian companies in general often leaving employees scrambling to look for information which in a forum varies from brilliant to flat out wrong.