L1 to H1B, and then visit India before October on L1


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Hi, me and my wife are currently on L1 and L2 visa, both stamped and valid till Dec 2013 and i94 validity till Nov 2014. Both our H1B visas are approved this year in this year's quota.

Can I visit India on my L1 and come back before september 2013? Do I need to get my H1 B stamped in this case? Will my H1b's i94 get affected? What are the risks and concerns. Kindly let me know.

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Yes. You can get the H1 visa stamped during your visit if you choose though you can only use the H1 visa for entry up to 10 days before the start date. Hence come back on the basis of your L1 visa and your status will change on October,1 to H1.

Thank you, I would not want to get my H1B stamped in India. So I thought to go to India on L1 and come back on L1 before Oct 2013. Is this possible? Will my new i94(that I got on the basis of H1 approval) get affected? Will I need to ever use my H1B approved documents for this particular visit? Or can I just go and come back purely on my L1 B visa?
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In general, if a foreign national travels while a petition to change status is pending, the change of status request is considered to have been abandoned, and the case will be processed for consular processing. However, if the change of status has been approved and then the foreign national travels abroad and reenters the U.S. before the petition becomes effective, USCIS has taken the position that the change of status will still take effect.

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Thank you. What I understand from your response is that me being an Indian, I can go to India and come back to US on my L1 visa before Oct 2013 though my H1B is approved. And thus I need not get my H1B stamped in this case. Kindly correct me if I am wrong. In this case, do I need to carry any specific documents while this visit?

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