Can I travel to India after H1B is filed (between 1st April and Sept-30th)


SairamKukadala

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Hi, 

 

Currently I am on L1B status and valid till 31st Dec 2016. New employer filed my H1B in 2016 CAP. I am planning to travel to India in July and will be back in August.

 

1. Can I travel to India before Sept-30?

2. If Yes, What will be the VISA status be while returning(Before sept-30) from India if my H1B is picked in lottery?

 

If my status is L1B:

1. When will my status changed to H1B?

2. When and where do I have to go for stamping?

 

If my status is H1B: 

1. Do I have to go for stamping before entering into US?

2. Can I travel back to US before Sept-30?

 

 

Regards,

Taggy

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1. Yes.

2. If you return with L1B you will be on L1B status.

 

1. When you go for H1B stamping and enter with valid H1B visa and I797.

2. Home country is best option.

 

1. Since you are traveling outside US before H1B petition approval your COS is considered abandoned.

2. Yes on L1B or H1B (with visa stamp and I797) 

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Referring to "Since you are travelling outside US before H1B petition approval your COS is considered abandoned"; do you mean to say that my H1-B would be void and I have to apply again for H1-B as a fresh petition?

Your COS of your H1B petition is considered abandoned if you travel before approval. H1B petition will be processed though.

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