Travelling Before one week of October 1st - L1b to H1b COS


nileshpatel

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Posted

I am on L1B visa with Employer A right now and my visa is valid till 20-Oct-2013. Employer B has filled my H1B this year and it got approved with COS.
Now situation is I need to travel to INDIA urgent for few days.
If I travel to INDIA and come back on L1B in USA before October 1st. What could be the scenario?

1) Is there any issues during port of Entry if I return back on L1B just before 2-4 days of October 1st. Can they deny me entry to USA?
2) What happens with my current H1B. Will I be on L1B after October 1st or H1B?
 

Posted

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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