going to home country on a vacation when h1b petition is pending

[ab7]

Hi,
Currently I am residing in US with valid H4 till 2016. I am having my H1B filed by a company for the 1st time ever in april 2015. I have to visit my home country before 2nd week of May and return back to US by end of May 2015. What effect will it have on my H1B petition & change of status application if i get my H1B picked and petition approved? Also wanted to know how much time the petition decision will take when the company is going for premium processing?

[raghvi]

Hi,
Currently I am residing in US with valid H4 till 2016. I am having my H1B filed by a company for the 1st time ever in april 2015. I have to visit my home country before 2nd week of May and return back to US by end of May 2015. What effect will it have on my H1B petition & change of status application if i get my H1B picked and petition approved? Also wanted to know how much time the petition decision will take when the company is going for premium processing?

Generally people avoid travel while a COS is pending.

If you travel before H4 to H1 COS is approved then your COS would be abandoned. Your H1 petition may still get approved but as your COS is abandoned you would not automatically move to H1 status. You would need to get a new H4 to H1 COS filed.

Going for premium processing allows one to get approval notice/COS faster. But considering that there may yet be another H1 lottery, even applying in premium may not get you approval by 2nd Week of May.

Is your employer/attorney aware of your plan to travel?

This is my opinion not legal advice.