H1 in Processing - Travel to India

[gorak]

Hi,

I'm currently in L1B (currently residing in US) and my company applied for H1B via premium processing recently. I need to travel to India on a urgent basis now. My company officials are saying that it's very much safe to travel. Is it really safe to travel while my H1 is in processing at USCIS? Will it in any way impact my H1 processing? Pls help me by clarifying the same.

[immihelp]

I don't see any problem.

[AttorneyJ]

Gorak:

Are you planning to go for H-1B stamping or re-enter the US on your L-1?

[gorak]

Actually my employer applied for premium L1 to H1 conversion which is still pending with USCIS. What I want to know is will my travel to India, affect this conversion process by any means. Actually I'm planning to stamp my H1 in India (if it gets approved) while coming back to US, since my L1 visa has already expired.

[AttorneyJ]

You should not have any issue provided your work in the US has been covered by a valid L-1 petition/L-1 status. If your L-1 status expired and you continued to work w/o your employer filing a new L-1 petition, you should consult an attorney.

[gorak]

It's only my L1 visa which got expired. My L1 petition and I-94 is valid till Feb 2010.