J1 still valid, H1B application in progress: Can I go out of the country?

[pouzy]

Hello,

I am currently on a J1 internship visa and my employer is willing to sponsor me for an H1B.
My J1 goes until mid-August, and the H1B should be starting in October 1st, and I want to go back to my home country in July for a week so my J1 will still be valid until August when I come back at the end of July.

So coming coming back to France for a week is usually not a problem under a J1, I just need to countersign my DS-2019. But my employer told me that my H1B application can put me on a lockout for my J1, and if I go out of the country I will not be able to come back before the start date on my H1B? (I repeat: My J1 will still be valid when I want to come back to the US).

Thanks a lot, I couldn't find any info on that, and the french embassy and the USCIS gave me different info...

Thanks!

[shervin143]

Since your J1 expires before Oct 1st, your H1B will not get approved as a COS from J1. It will most probably get approved only for a consular process. In which case, you cannot work for the H1B sponsor until you go out the country and return back in H1B visa. Also, it is not advisable to leave the country when a COS is pending with USCIS. That is one another reason why your COS will get denied. The best option in your case is to file the H1B for consular process. Leave the country before your J1 expires. Get the H1B visa stamped based on the approved H1B petition and return back aftre September 21st 2012. You are allowed to enter U.S in H1B status only 10 days prior to the H1B effective date.

[pouzy]

Hello and thanks for your answer!
But you are answering another question than mine, that's what I was afraid of. I must not have been too clear on my intentions, so I'll try again

I want to leave the country temporarily for one week only and return to finish my J1 internship until the end of August. Then I will go back to France again, wait for my H1B to start, and come back to the US on October 1st under my H1B status.

My only concern is to know if I can leave and come back like a regular J1 holder, or if this application voids my right to leave the country temporarily?

Thanks, I hope it's clearer

PS: Basically, in one sentence: Can I go back to France on holidays during my valid J1 while I have a pending H1B application for a way after that holiday period?

[shervin143]

That should not be a problem. Ask the employer to file the H1B for consular process instead of COS (You cannot work for the employer until you get the H1B visa stamped and return back using H1B visa and H1B petition). You can leave the country and return back in J1. Leave the country when the J1 gets expired and return back after Oct 1st in H1B visa.