Will H1B COS be void?

[infotechprofessionals]

Hi

I am on L1 in US and have applied for h1b with COS in Apr08. It got selected through lottery and is pending case since May08.

Recently in Dec08, I checked status on phone which says "I797 has been sent. Please follow the instructions given on that. We will let you know once we take a decision."

But even after this status msg on phone, I am still seeing that web status is received & pending .

Now i need to fly back to home country tomorrow. My consultant told me that if I go out of US whole my application of H1B will be void. Is that the case? I am worried about what to do. Will there be any problem because of my travel? I will be returning after 2/3 months only.


PLs suggest

[immihelp]

I don't think your pending H1 application would be void if you leave US. You will have to go for H1 stamping before you will be allowed to enter the US on H1, though.

[gurujinka]

h1 to h4 or l1 to h4 ...confused

my wife was in L1B with a mnc company and she had her H1B picked up in lottery.
The current status showing is case recieved and pending but the company is saying that it has approved .
When asked for a proof of that,they are not willing even to send the scanned copy
or the original documents as the company fears I might apply for transfer.
She was pregnant and was in maternity leave from 30 sep 2008 till end of december 2008.
My baby was born on 29 Nov 2008.Meanwhile her L1B got expired on dec 4 2008.
So she had to resign from the company during Jan 2009.
She is right now looking after the baby and she is not working right now and so no paystubs .
I went India for H1B stamping and came here on Nov 6 2008 and will be getting paystub effective Jan 2009 and not before that.
So in this situation
1)Can I ask her employer to file h1b to h4 without my paystub as they dont want to give any document related to her H1B not even i-94 .
2)Go for stamping to mexico with my approved h1b stamping and one month paystub i.e during Feb 2009?
3)Can I ask my employer to convert her status to h4 ???

Also I am not sure what status she is right now in !!
Please advice .

[ajaysharmlondon]

your wife is out of status. if you ask your company to get her on your H1B as H4 then it would be a COS. They may ask for her pay stubs to make that transfer else you will get RFE.
Tough luck my friend.

Ajay