H1 approved- visiting India

[akashsaluja]

Hi,
I am in US on L2 Visa and valid EAD expiring in Aug 2012. My employer has filed a new H1B visa request which has been approved with effective from June 1 2011.

I have to visit India in month on 5th May 2011 and will return on May 22 2011.

Can I come to USA on my L2 Visa in month of May without having H1 stamped? Will my H1 be effective from June 1 2011 automatically? OR will I face any issues at the time of entry on May 22 2011 during entry?


Thanks,
Akash Saluja

[shervin143]

Yes, your status will change to H1B will of the H1B effective date. However, if you can, I would advise you not to travel. Technically, you are suppose to return all I-94 when you leave the country. But inthis case, yu cannot return the I-94 that came with the H1B approval since you need that after coming back and you need that after yor H1B effective date. When you re-enter in L2, you will get a new I-94 at the POE. It might create all sort of confusions. If you can, avoid the travel until the H1B effective date. But as per memo, your H1B should be effective from the start date mentioned in the H1B COS petition.