Traveling outside US when H1B Petition is in process

[krishna086]

Hi All,

I am on H4 visa now and valid till 20-sep-2013 and I am living in USA now, I found an employer to sponsor my H1-B visa in April 2013 he will be applying for the visa in regular processing. My concern is I need to travel outside USA from 20-April to May-10th 2013, I wanted to know how this will affect for H1B-Petition

1. Will the H1-B Petition be denied because of me travelling?

2. Can I come back to US on H4 in May when my H1-B is still in process/approved?

3. If my H1-B is approved and COS is denied, can I apply from COS from USA or should I go for stamping in my home country?

4. What are my chances on approval of my COS application?

5. Should I inform my employer about the COS application or I can do it myself?

[wiweq]

1. Will the H1-B Petition be denied because of me travelling?

=> H1b petition may be approved (depending on the crednetials) but change of status won't approve. For extension or COS beneficiary needs to be present in USA.

2. Can I come back to US on H4 in May when my H1-B is still in process/approved?

=> If you leave USA while H1b is in process, in order to start working on H1b from Oct 1st, you need to leave USA, get H1b stamping and reenter in USA.

3. If my H1-B is approved and COS is denied, can I apply from COS from USA or should I go for stamping in my home country?

=> COS to H1b means filing new I129, no simple COS to H1b. You should reenter in USA with H1b stamping.

4. What are my chances on approval of my COS application?

=> 0

5. Should I inform my employer about the COS application or I can do it myself?

=> Your employer/ attorney knows that you are moving form H4 to H1b. THey will file your H1b with COS.

Best bet: Ask you employer to file the H1b in PP. You can also pay the PP fees ($1200). If should be approved by end of April. Now you can leave USA in first week of May and return back any time before Oct 1st on H4.

[jsk423]

Hey krishna086 can u give me ur email id?