H1B Change of Status-Travel to India-Need Help

[sowmya_18]

Hi,

I am currently on a L2 Visa. I have applied for a change of status to H1B this year(Apr 1st 2008). I want to travel to India in May 2008. Please let me know if this would affect my H1B.

Regards,
Sowmya

[txh1b]

If H1b gets approved before travel with future start date of Oct 1st)rhen
returning on L1/L2 or any status puts you on H1b status from October 1st. (Efren Hernandez memo)

If travel is before H1b gets approved, COS is considered abandoned but H1b will be processed without a change of status. This would require an amendment to put one on H1b status after re-entry or get a H1b visa stamp and re-enter on H1b status.