Precautionary steps after traveled outside US while COS is in process.

[godisgreat4all]

Hi,

My L1 to H1 COS is in "Initial review". I traveled to India and came back. I have got new I-94.

I don't want to loose my H1 visa.

Please suggest for following:

1. Now I have new I-94, so should I ask my employer to send an amendment with new I-94 to USCIS now, so that it does not effect my COS?

2. Without sending any amendment to USICS, Can I wait in US to get H1 approved and than travel to India any time later for H1 stamping at consular?

3. Is it necessary to travel to India after approval for stamping H1 before Oct 1st or it can be stamped any time later October?

Please help!
Thanks!

[kabkaba]

A lot depends on whether the H1 petition is filed by the same or different employer and for the same or different job.
If by the same employer and same job, you can continue in the job until your L1 I-94 (latest) expires. Whenever you leave the US you will need to either apply for H1 Visa or return with L1 Visa depending on L1 petition expiry.
Oct 1 has nothing to do with you now.

[godisgreat4all]

A lot depends on whether the H1 petition is filed by the same or different employer and for the same or different job.

If by the same employer and same job, you can continue in the job until your L1 I-94 (latest) expires.

Yes it is from same employer and for same job.

Whenever you leave the US you will need to either apply for H1 Visa or return with L1 Visa depending on L1 petition expiry.

Do you mean when I will leave US than I can go for my H1 visa stamping (after H1 petition approved). and than can return on stamped H1. OR I have to filed a new H1 petition again next year.

Oct 1 has nothing to do with you now.

Does it mean my H1 petition is not valid now anymore and I will not get this H1 petition?

Thanks for your reply.
Please find time to answer on my comments.
Thanks!

[kabkaba]

When you leave the US you can apply for either H1 Visa using H1 petition or L1 Visa using L1 petition. You can use either Visas to return. New H1 petition is not needed.

Since you have been cap-counted, Oct 1 date has no meaning for you in the future. You can apply for Visa any time as long as the petition remains valid.

[godisgreat4all]

Thanks for your reply.
Please find time to answer on my comments.
Thanks!

When you leave the US you can apply for either H1 Visa using H1 petition or L1 Visa using L1 petition. You can use either Visas to return. New H1 petition is not needed.

Since you have been cap-counted, Oct 1 date has no meaning for you in the future. You can apply for Visa any time as long as the petition remains valid.

Thank you Sir..!!
your response gave me much relief as I was thinking that I have lost my H1 for this year after travelling.