Travelling while H1 is in process & switching jobs


absin

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Hi, I am currently working on L1 visa and am going to apply for H1B. I am doing through a consultant who will be my employer post approval. I have few doubts on the information provided by the consultant: (1) he tells me that once the H1B application has been filed, I cannot step out of the country, else my petition will be rejected. Is this true? In case I do have to travel for unavoidable reasons, what are my options? I read in an earlier post that once we step out of the US the petition is automatically rejected. (2) After H1B approval in Oct, if I change my job/employer I'll have file again for H1B. Is job switching not allowed even on H1B? How does this works? - Thanks, AB

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If you travel out of country when any COS (in your case L1 to H1B COS) is pending, COS is abandoned.

This means that USCIS will approve H1B without I-94 card. Hence to activate H1B you need to get H1B stamp.

You can not join your H1B employer till you get a stamp or employer files an H1B amendment requesting

for COS

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