Vacation planning after applying H1B (Please reply)

[ashwinvisa]

Hi,

Currently i am on L1B visa in USA from company A and my L1B visa will expire in 2013.

Company B is ready to sponsor my H1B visa on 1st April,2011.

Just wanted to know that i am planning for India vacation in August-September 2011 for 3 weeks and confused that whether i go on vacation once my H1B is applied in April 2011. If yes then do i need to get done my h1B stamping.

Please suggest

Thanks for your time.

[shervin143]

If the H1B is filed as a COS from L1, then it is never advisable to travel when the petition is pending with USCIS. If the H1B filed for Consular Process, then you can travel. But to work for the H1B employer, you will need to get the H1B stamped and return back in H1B visa.

[ashwinvisa]

my apologies that i am still confused with the reply.

First of all what is COS ?

I am working in a company ABC on L1B Visa which is valid until 2013.

Company PQR ready to file my H1B in APRIL 2011.

so my question is that can i travel to INDIA (for 3 weeks) in the month of August 2011 on my L1B visa. Even if my H1B petition is approved or pending ?

If yes then i think i don't need to stamp my H1B (Because any how it is valid from 1st Oct 2011 and i am going to work for company PQR from 1st Oct 2011). Please clarify and correct me.

Many thanks.

[shervin143]

COS means change of status (H1B approval with new I-94). Just the H1B approval is not enough for you to start working for the H1B employer. You need to be in the H1B status. If your leave the county when the H1B petition is pending with USCIS, then the H1B might get approved for Consular Process (Meaning, approval without new I-94 and you need t get the visa stamped and return back in H1B visa to work for H1B employer). Even if the H1B gets approved as a COS you will end up with two I-94's. One from H1B and one from L1 and you might be working for the wrong employer if you don't figure out what your actual status is. Search and read about the posts related to last action rule.

So it is never advisable to travel when a COS is pending with USCIS.