India travel while H1B processing


swatipant

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Hi,

My l1 b visa expired in 2011, I 94 expired in Feb 2014. L1B extension has been applied. An employer will apply for COS to H1 for me in April quota. My concern is if L1B extension gets rejected in May-June, I will need to go back to India and will come back on H4(my husband has H1). In that case, does the COS still remains valid. My attorney says they can file an amendment saying that current visa status is H4 and not L1B. Can you please confirm if that is possible?

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Hi,

My l1 b visa expired in 2011, I 94 expired in Feb 2014. L1B extension has been applied. An employer will apply for COS to H1 for me in April quota. My concern is if L1B extension gets rejected in May-June, I will need to go back to India and will come back on H4(my husband has H1). In that case, does the COS still remains valid. My attorney says they can file an amendment saying that current visa status is H4 and not L1B. Can you please confirm if that is possible?

Once you travel after filing of H1B petition and before a decision is taken on H1B petition then your COS to H1B part of H1B is considered abandoned. 

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