Travel to India while H1B selected in lottery

[Neetu]

My wife staying in L2 visa. She applied for H1 visa and got selected in lottery, we are in situation to travel to India next month (MAY) for unavoidable reason. Will there be anyproblem in her h1B visa approval beacuse of this trip.

If so, What are the issues? Please explain.



Thanks.

[raghvi]

My wife staying in L2 visa. She applied for H1 visa and got selected in lottery, we are in situation to travel to India next month (MAY) for unavoidable reason. Will there be anyproblem in her h1B visa approval beacuse of this trip.

If so, What are the issues? Please explain.



Thanks.

If she travels before the H1 approval then technically her Change of Status to H1 would be considered abandoned.

Though H1 petition may still be approved, the COS may be denied, in that case, after returning her employer would have to re apply L2 to H1 change of status.

This is my opinion not legal advice.

[Neetu]

If she travels before the H1 approval then technically her Change of Status to H1 would be considered abandoned.

Though H1 petition may still be approved, the COS may be denied, in that case, after returning her employer would have to re apply L2 to H1 change of status.

This is my opinion not legal advice.

Thank you so much for your opinion.

Will there be any problem/issues in getting h1b petition approved in reapplying for Change of Status. Can you please provide more information what are the possible option that i have to avoid rejection.



Appreciate your response and inputs.


Thanks.

[raghvi]

Thank you so much for your opinion.

Will there be any problem/issues in getting h1b petition approved in reapplying for Change of Status. Can you please provide more information what are the possible option that i have to avoid rejection.



Appreciate your response and inputs.


Thanks.

H1 petition approval depends upon the documentation that was submitted along with the H1 application. As long as the job, employee, and employer are genuine rejections are very rare.

As for COS denial, if that happens, she can leave US, and try to get H1 stamping and return on H1.

This is my opinion not legal advice.

[ramkishan]

My wife staying in L2 visa. She applied for H1 visa and got selected in lottery, we are in situation to travel to India next month (MAY) for unavoidable reason. Will there be anyproblem in her h1B visa approval beacuse of this trip.

If so, What are the issues? Please explain.



Thanks.

In case if the change of status is not approved, you can file h1 amendment requesting change of status.

[Neetu]

Thanks to both of you for providing detail information. It is very helpful

Thanks.