L1B to H1B change of Status

[Vicky1978]

Hi,
I am in US on L1B visa & my L1B visa is valid till Nov-2013, my existing employer have filed my L1B to H1B (I am not sure but it should be L1B to H1B change of Status) in this year quota and I am waiting for lottery result.
Now due to some problem I will have to travel back to India in June-2013.
My question is that –
1) How this travel effect my L1B to H1B COS?
2) On immihelp I have read that my COS will be void if I travel outside of US , is that true?
3) Does it mean if I travel outside of US in my L1B to H1B COS period, I will not be eligible for this year H1B visa?

[raghvi]

Hi,
I am in US on L1B visa & my L1B visa is valid till Nov-2013, my existing employer have filed my L1B to H1B (I am not sure but it should be L1B to H1B change of Status) in this year quota and I am waiting for lottery result.
Now due to some problem I will have to travel back to India in June-2013.
My question is that –
1) How this travel effect my L1B to H1B COS?
2) On immihelp I have read that my COS will be void if I travel outside of US , is that true?
3) Does it mean if I travel outside of US in my L1B to H1B COS period, I will not be eligible for this year H1B visa?

1. COS is considered abandoned/not required when on travels outside US after applying for a COS.
2. Yes
3. If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering.

As a side note, it might be a good idea to check with your employer/lawyer regarding the H1 receipt as I believe, most, if not all, of the advance degree, premium processing and regular processing folks have already received their receipts.

This is my opinion not legal advice.

[Vicky1978]

1. COS is considered abandoned/not required when on travels outside US after applying for a COS.
2. Yes
3. If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering.

As a side note, it might be a good idea to check with your employer/lawyer regarding the H1 receipt as I believe, most, if not all, of the advance degree, premium processing and regular processing folks have already received their receipts.

This is my opinion not legal advice.

Thanks a lot raghvi!!!

as you said "If lottery results in positive then you are cap exempt but you would have to file a L1 to h1 COS again after re entering" what the meaning of "CAP EXEMPT" ?does it mean that I am not those 65000 Application ?