L1 to H1 CoS not abandoned despite travel outside US

[m007averick]

I applied for L1 to H1 change of status (CoS) in last year (2013) quota. However due to some very urgent personal issue I had to travel to India in September 2013. Due to this I got H1 approval however my change of status was denied. I continued on L1 which is valid till July 2015.My future employer(Fut-emp) filed for change of status again in March this year as he had some projects and wanted me on H1. However I changed my mind and wanted to stay on L1. After reading through the forums and talking to an attorney, I traveled to Mexico to abandon my CoS. Note that I did not retain my I 94 as now its all electronic, and I got a new I 94 number. I traveled when my CoS was pending, I thought that it would be abandoned like it happened the last time when I traveled to India. However to my surprise CoS was approved last week, with a start date going back 2 weeks. I am not sure how they can send the approval at a later date with a start date which is already passed. I have the following questions-
1. How can I switch back to L1? Should I travel to Mexico again and enter on L1?
2. What's my current status?

[raghvi]

I applied for L1 to H1 change of status (CoS) in last year (2013) quota. However due to some very urgent personal issue I had to travel to India in September 2013. Due to this I got H1 approval however my change of status was denied. I continued on L1 which is valid till July 2015.My future employer(Fut-emp) filed for change of status again in March this year as he had some projects and wanted me on H1. However I changed my mind and wanted to stay on L1. After reading through the forums and talking to an attorney, I traveled to Mexico to abandon my CoS. Note that I did not retain my I 94 as now its all electronic, and I got a new I 94 number. I traveled when my CoS was pending, I thought that it would be abandoned like it happened the last time when I traveled to India. However to my surprise CoS was approved last week, with a start date going back 2 weeks. I am not sure how they can send the approval at a later date with a start date which is already passed. I have the following questions-
1. How can I switch back to L1? Should I travel to Mexico again and enter on L1?
2. What's my current status?

You are right, your COS should have been abandoned. Despite all the technological advances, you have to understand that there is high likelihood of missing out on COS especially with govt staff shortages, postal delays, online I-94 change, change of minds at last moment and travel to neighboring countries for short periods.

1. Yes this is a way.
2. Only USCIS can confirm so.

This is my opinion not legal advice.

[m007averick]

You are right, your COS should have been abandoned. Despite all the technological advances, you have to understand that there is high likelihood of missing out on COS especially with govt staff shortages, postal delays, online I-94 change, change of minds at last moment and travel to neighboring countries for short periods.

1. Yes this is a way.
2. Only USCIS can confirm so.

This is my opinion not legal advice.

Thanks!
Regarding 2) should I contact USCIS directly?

[raghvi]

Thanks!
Regarding 2) should I contact USCIS directly?

I dont think there is any official channel/process through which you can ask that.

This is my opinion not legal advice.

[m007averick]

I dont think there is any official channel/process through which you can ask that.

This is my opinion not legal advice.

Thanks a lot!
I see that the I 94 that came with approved CoS is old one. Let's say before my travel to Mexico the I 94 was 1111 which is the one submitted to USCIS. After my return from Mexico I got I 94 with number 2222. The approved CoS has I 94 number as 1111. I have read in this forum that since the CoS is approved with an I 94 (1111) which is no longer the CoS should be considered invalid. Is that true? I also checked with a lawyer but he was clueless about this situation.

[raghvi]

Thanks a lot!
I see that the I 94 that came with approved CoS is old one. Let's say before my travel to Mexico the I 94 was 1111 which is the one submitted to USCIS. After my return from Mexico I got I 94 with number 2222. The approved CoS has I 94 number as 1111. I have read in this forum that since the CoS is approved with an I 94 (1111) which is no longer the CoS should be considered invalid. Is that true? I also checked with a lawyer but he was clueless about this situation.

Were you outside US at the time of COS start date? If you were and have proof of the same then it adds more substance to eventually prove to USCIS at some later point that your COS should not have been valid.

But as I said, USCIS may or may not correct their records, and this may come to haunt you back later on during future extensions/GC processing. At that time you may have to engage a good lawyer to represent your case.

This is my opinion not legal advice.

[m007averick]

Were you outside US at the time of COS start date? If you were and have proof of the same then it adds more substance to eventually prove to USCIS at some later point that your COS should not have been valid.

But as I said, USCIS may or may not correct their records, and this may come to haunt you back later on during future extensions/GC processing. At that time you may have to engage a good lawyer to represent your case.

This is my opinion not legal advice.

I came back to US before the CoS effective date (as I did not have enough leaves), but before the application was approved.
I am not sure if I should ask this here, but is there a good attorney who can provide right information? I have already talked to a (so called) reputed attorney and he was clueless.

[raghvi]

Not having enough leaves isnt a valid enough reason. You could have taken unpaid leaves and stayed out long enough.
Unfortunately I cannot suggest any attorneys but am sure search engines can help you find one near your work/residential area.

This is my opinion not legal advice.

[abz]

My L1 to H1 COS didnt get abandoned after travelling...

I applied for L1 to H1 change of status (CoS) in last year (2013) quota. However due to some very urgent personal issue I had to travel to India in September 2013. Due to this I got H1 approval however my change of status was denied. I continued on L1 which is valid till July 2015.My future employer(Fut-emp) filed for change of status again in March this year as he had some projects and wanted me on H1. However I changed my mind and wanted to stay on L1. After reading through the forums and talking to an attorney, I traveled to Mexico to abandon my CoS. Note that I did not retain my I 94 as now its all electronic, and I got a new I 94 number. I traveled when my CoS was pending, I thought that it would be abandoned like it happened the last time when I traveled to India. However to my surprise CoS was approved last week, with a start date going back 2 weeks. I am not sure how they can send the approval at a later date with a start date which is already passed. I have the following questions-
1. How can I switch back to L1? Should I travel to Mexico again and enter on L1?
2. What's my current status?

Hi,

I hope by now you might have found a solution to this issue mentioned above.I am in a similar situation now. My L1 to H1 COS did not get abandoned even though i was outside US.My H1 got approved. I have no idea what my current status is...Did you travel to Mexico to change to L1? For me even that option is not there.My L1 expired last month.I am staying in I-94 now.How can i get this issue solved? Any idea..please give me some guidance if possible.