Change of Status(CoS)- L1 to H1B - Travel Plans

[brijunair]

Hi,

 

     I have been working for company A for last 3 years on L1 visa. Company A has filed for my H1B(CoS) this year and my application was selected in the lottery( i received the receipt#. The USCIS website displays 'Initial Review' against my Receipt#). My L1 visa is only valid till July 2014, however my current i94 is valid till 2016. I have plans to travel outside the US for 1 week at the end of this month(will be back in US by June 1st week). I have read that H1-B CoS gets rejected if the applicant travels outside the US during the processing and before the petition is approved and that the petition will have to be approved through consular notification.

 

1. Will this lead to rejection of the petition by any chance as the standard procedure was not followed ? I don't want to get into the lottery process again next year.
2. If i continue with my travel plan this month end(in L1), are there any chances that during the port of entry on the way back the CBP officer gives me a new i94 valid till July 2014 since my L1 visa is stamped till July 2014 ? If so, is there a way to get it extended till 2016 ?
3. I plan to travel outside US for H1 stamping next year. Will the H1 interview be comparatively more challenging in my case next year if i make the travel now (since i traveled when my petition was under processing) versus the general approach where i don't travel now and directly go for stamping after Oct 1st? Based on this i will plan to cancel my travel if it is not recommendable.

 

Thanks,

B

[jairichi]

Hi,

 

     I have been working for company A for last 3 years on L1 visa. Company A has filed for my H1B(CoS) this year and my application was selected in the lottery( i received the receipt#. The USCIS website displays 'Initial Review' against my Receipt#). My L1 visa is only valid till July 2014, however my current i94 is valid till 2016. I have plans to travel outside the US for 1 week at the end of this month(will be back in US by June 1st week). I have read that H1-B CoS gets rejected if the applicant travels outside the US during the processing and before the petition is approved and that the petition will have to be approved through consular notification.

 

1. Will this lead to rejection of the petition by any chance as the standard procedure was not followed ? I don't want to get into the lottery process again next year.
2. If i continue with my travel plan this month end(in L1), are there any chances that during the port of entry on the way back the CBP officer gives me a new i94 valid till July 2014 since my L1 visa is stamped till July 2014 ? If so, is there a way to get it extended till 2016 ?
3. I plan to travel outside US for H1 stamping next year. Will the H1 interview be comparatively more challenging in my case next year if i make the travel now (since i traveled when my petition was under processing) versus the general approach where i don't travel now and directly go for stamping after Oct 1st? Based on this i will plan to cancel my travel if it is not recommendable.

 

Thanks,

B

1. No.

2. You will get a new I94. A visa is an entry document. Your stay in US on L1 status is based on petition validity and I94 validity.

3. After your travel and after Oct 1st 2014 whenever you are ready to move to H1B you can exit and enter US with a H1B visa and I797. No issues.

[brijunair]

Thank you !