Travel during L1A to H1 B conversion

[S5391]

I am currently working for an organization on L1 A visa. They filed for L1 A to H1 B conversion for 2017 CAP. my case got selected in lottery and I came to know from my employer on 27th April. I received below details from my employer.

Request Notice Type : I797C
Receipt Date : 04/11/2016
Class Requested : H-1B
Notice Type : Receipt
Receipt Notice Date : 04/21/2016


I had traveled to India on 25th March and returned on 24th April. will this end in denial of my change of status to H1 B? When I traveled, my petition was not submitted to USCIS, it was shipped to them on 1st April. Please advice.

[S5391]

I am currently working for an organization on L1 A visa. They filed for L1 A to H1 B conversion for 2017 CAP. my case got selected in lottery and I came to know from my employer on 27th April. I received below details from my employer.

Request Notice Type : I797C
Receipt Date : 04/11/2016
Class Requested : H-1B
Notice Type : Receipt
Receipt Notice Date : 04/21/2016


I had traveled to India on 25th March and returned on 24th April. will this end in denial of my change of status to H1 B? When I traveled, my petition was not submitted to USCIS, it was shipped to them on 1st April. Please advice.

please help.

[raghvi]

please help.

When the H1 was applied you were outside US, so a COS application was not correct. Whether the USCIS still approves a COS cannot be predicted.

This is my opinion not legal advice.

[S5391]

When the H1 was applied you were outside US, so a COS application was not correct. Whether the USCIS still approves a COS cannot be predicted.

This is my opinion not legal advice.

Thank you very much. So does this mean my application can be totally rejected and there won't be any benefit of being selected in lottery.?

[raghvi]

Thank you very much. So does this mean my application can be totally rejected and there won't be any benefit of being selected in lottery.?

Not necessary, it may still be approved as consular process. In that case you will need to leave US, go for H1 stamping and return in order to move to H1 status.

This is my opinion not legal advice.