H1b is in process Travel

[Parveen Sulthana]

Hi,

Good Morning,

I have an L2 visa till jan-2014, working on L2-EAD. This year I have applied H1B, its in process in regular process(general Cap).

Due to some family emergency, I have to go to India before July-31st.

1)Can I go & return on my L2 visa?

2)Do I need to attend stamping , if it get approved in middle of my vacation?

I don't want to take risk to attend stamping in India , can u please suggest me , which is the best time to travel.

Regards,

Parveen

[Attorney_22]

Assuming the petition was filed as a change of status: Technically, if a change of status petition is pending and the applicant/beneficiary leaves the U.S., the change of status portion of the petition should be denied. This will then require the applicant/beneficiary to obtain a visa in that new status prior to the new status being recognized in the U.S. Therefore, if you must travel and you have not done so already, it is advisable to upgrade the petition to premium processing, then do not travel until after the petition is approved. If you have additional questions, please speak directly with a qualified U.S. immigration attorney.

[Parveen Sulthana]

Thanks for the response.

If I upgrade the petition to premium processing , assume the status is changed as approved in 2 weeks.

Do I need to attend stamping, if I take vacation before Sep30?

Because H1B is generally valid from Oct1st onwards as I know.

Thanks in advance.

Parveen

[t75]

If you do not have valid L-2 stamping, it will be required to enter on L-2 before timing for H-1B start.

[Parveen Sulthana]

Hi,

 

Got RFE in premium processing , at this time can I travel to India?

 

I have time to respond RFE till Aug 25th. I was planning to visit India Jul25th(day after tomorrow) to Aug19th.

Can I visit India at this time with out any stamping issues.I have valid L2 visa till Jan 2014.

 

Intially my attorney said ,I can travel with out any issues. But now he is telling I need to go to India for stamping to work here.

 

Please see  his comments

 

Since you are traveling outside the US while the H1 petition is pending, your H1 will be subject to consular processing.

As such, if we are able to respond to the RFE in the next few weeks and happen to get the approval while you are still abroad, you may complete the Visa interview to get your H1 stamped while there before you return to the US. In that situation, you will still return to the US under your L2 and then when the H1 becomes effective you will have to go outside the U.S. and return with the H-1B visa to become in H-1B status. This could be done at a US/Canada border location.

If we cannot or do not get the H1 approved until after you return, you will have to stay on your L2 EAD until such time as you can travel back to India with the approved H1 to get the visa stamped. Then you would return to the US on the H1 and would be in status and working on the H1 (no longer on the L2 EAD).

Again, the point is that your H1 will be approved under consular processing because you are traveling outside the US while it is pending. If your L2 EAD expires you MUST travel back to India to get your H1 visa stamped so you can be in status on the H1. Until you have that visa interview in India, your H1 will not be valid, regardless of when it is approved.

 

Can u please suggest me , what to do at this time?

 

Thanks in advance,

Parveen Sulthana.

[pontevecchio]

You have to weigh the visa process versus Family Obligations which I presume are the reason for the hesitancy. Is your L2 employer the same as the H1 sponsor? . Why do you think you will have problems getting the H1 visa. ? You do have a Lawyer.