Travel advisable?

[mchguy]

Hi

My company is sponsoring H1 on 2011 cap. Also, I have to travel to India in July. Is travel advisable after receiving H1 approval notice?

PS: I have to get my L1 extension stamped during this travel.
I have also filed for 140.

Kindly assist.

Thank You

[kabkaba]

I assume that you are in L1 status and your L1 Visa will expire/has expired before July. Also, by 2011 cap you mean 2011-2012 cap.
In such a case it is advised that you don't travel before October. In July your change of status may be pending or approved. Even if approved, if you return in L1 status, your company may have to file COS again to change your to H1.
If you have to travel, set your return date after OCt 1 so that you can get an H1 Visa and return in H1 status.

[mchguy]

Hello Kabkaba

Yeah by 2011, I meant 2011 Apr-2012 Mar.

I am on L1 now and it expires May 2012 with a maxout date of Oct-2012. I have important family functions to attend in India in the months of early July and late August.

I also have to go for my L1 visa extension stamping when I go there in July.

I thought I could apply for H1 and wait for its approval and then travel. Your advice is highly appreciated.
It sounds like my case is complex but hoping for the best.

Thank you.

[kabkaba]

Hello Kabkaba

Yeah by 2011, I meant 2011 Apr-2012 Mar.

Fiscal year is Oct to Sep not Apr to Mar

I am on L1 now and it expires May 2012 with a maxout date of Oct-2012. I have important family functions to attend in India in the months of early July and late August.

I also have to go for my L1 visa extension stamping when I go there in July.

I thought I could apply for H1 and wait for its approval and then travel. Your advice is highly appreciated.
It sounds like my case is complex but hoping for the best.

Thank you.

In case you have to go, get your employer to file your H1 petition under consular processing.
After you leave, apply for L1 Visa at a consulate, and return in L1 status.
If by this time your H1 petition is approved, you have two options.
1. Get your employer to file amendment with change of status.
2. Leave again, apply for H1 Visa and return in H1 status.

You may consult an attorney over this matter.