L1 to H1 COS: Can i come back to US on Current L1 status before October-1st

[shravand]

I am currently working in U.S. since April 2011 (on L1B visa and validity till April 2015 ) for Employer A.

I got an offer from Employer B who is sponsoring my H-1B. So, I transferred the necessary documents to Employer B and process got initiated.

I planned to goto India in september-2013.

1. Can I leave US as my Change of Status(L1 to H1) is in process and come back on L1-B before October 1st?

2. If yes, I would like to know How it is going to effect my H1 transfer and H1-B would be valid from 01 Oct06; and I would be traveling to and from India on my current valid L1 visa.

3. Can you suggest me a better way out in this situation as I must travel to India and can come back by 18th September and at the same time I don't want to lose on my H1 transfer from L1.

4. Please suggest me better way to approach on my H1-B transfer.

[Attorney_23]

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.

[shravand]

Thank you so much for your reply. So As per your suggustion, If it is approved/Pending ,i can re-enter USA on current L1-B status before October-1st right.