Multiple H1 application and Travel to India.

[ambi]

Hi,

I m in USA on H4 visa and I have 2 employers who filed for my H1 this cycle. 1-Premium and 1-Regular processing.
I read on this forum that If I travel to India my Change of status(COS) process will be abandoned. I also read that if COS is approved, I can travel to India and COS will not be abandoned in this case.

Question:
What if both get picked up ? I am hoping the COS for Premium application will happen by July/Aug.
Can I travel to India if COS is approved for one petition but not for other ?

Need some guidance here.

[raghvi]

Hi,

I m in USA on H4 visa and I have 2 employers who filed for my H1 this cycle. 1-Premium and 1-Regular processing.
I read on this forum that If I travel to India my Change of status(COS) process will be abandoned. I also read that if COS is approved, I can travel to India and COS will not be abandoned in this case.

Question:
What if both get picked up ? I am hoping the COS for Premium application will happen by July/Aug.
Can I travel to India if COS is approved for one petition but not for other ?

Need some guidance here.

1. Yes, expecting COS petition to be approved by July/Aug for premium cases is a fair expectation.
2. As long as you intend to work for the one which has been approved.

This is my opinion not legal advice.

[ambi]

1. Yes, expecting COS petition to be approved by July/Aug for premium cases is a fair expectation.
2. As long as you intend to work for the one which has been approved.

This is my opinion not legal advice.

Thank you Raghvi. As always, your responses are helpful.
A few more follow on questions:

1. So do the COS happen separately for each Petition ?
2. Can such a situation come: COS for petition 1 approved but COS for petition 2 in process ?
3. If petition 1 which is in Premium processing does not get picked in Lottery, Do you get the fee of $1225 back ?
4. And finally, if petition 1 does not get picked in Lottery at all, can I upgrade Petition 2 to Premium ?

Thanks !

[ambi]

Thank you Raghvi. As always, your responses are helpful.
A few more follow on questions:

1. So do the COS happen separately for each Petition ?
2. Can such a situation come: COS for petition 1 approved but COS for petition 2 in process ?
3. If petition 1 which is in Premium processing does not get picked in Lottery, Do you get the fee of $1225 back ?
4. And finally, if petition 1 does not get picked in Lottery at all, can I upgrade Petition 2 to Premium ?

Thanks !

So can anyone answer this one ?