Traveling to India on I-94. Will it affect the H1B Visa Application

[agarwama]

Hello, I had L1b which is expired now and I am traveling to India on I-94. And i know i wont be able to come back till H1B is approved and stamped.
I just want to know -
Will it affect the H1B Visa Application (Background check etc). It is currently in Initial review status.

I am asking this because while filing the application my status was in US. Now since I am moving to India will it affect the processing of H1B.

[raghvi]

Hello, I had L1b which is expired now and I am traveling to India on I-94. And i know i wont be able to come back till H1B is approved and stamped.
I just want to know -
Will it affect the H1B Visa Application (Background check etc). It is currently in Initial review status.

I am asking this because while filing the application my status was in US. Now since I am moving to India will it affect the processing of H1B.

Is the L1B and H1 employer same?

I dont see any issues. The H1 petition would get approved as consular processing, if everything else is right. And you can use that approved petition to schedule the H1 interview.

This is my opinion not legal advice.

[agarwama]

Hello, both L1b and H1b are from same employer. They have filled my H1b as Change of Status. I just want to know if I travel India now when the H1b is in "Initial Review", is that ok?

[raghvi]

I am assuming the employer is aware and fine with the abandonment of COS and they know that you would need to attend visa stamping. I dont see any issue otherwise.

This is my opinion not legal advice.