Travel outside the US while H1b application is in progress

[harshitsheth]

Hi,

I am currently working in the US on an L1b Visa. I have my L1b stamped and valid until Aug 2013. My current employer has filed for my Change of status H1b this year which is still under Initial review stage.
I have some urgent need to travel to India for 2 weeks in the month of Aug. Will my traveling outside the US create any issues for me especially my H1b processing?

Thanks,

[raghvi]

Hi,

I am currently working in the US on an L1b Visa. I have my L1b stamped and valid until Aug 2013. My current employer has filed for my Change of status H1b this year which is still under Initial review stage.
I have some urgent need to travel to India for 2 weeks in the month of Aug. Will my traveling outside the US create any issues for me especially my H1b processing?

Thanks,

If you travel now your L1 to H1 COS would be considered abandoned and in most likelihood it will be processed as Consular process. You can enter US again on exisiting L1 as its valid till Aug 2013 but when you plan to move to H1 a new L1 to H1 COS would have to be filed or you would have to go out of US and re-enter with H1 stamping in order to be on H1. This is my opinion not legal advice.