Travel outside US right after filing L2-H1B change of status petition

[Manu21]

Dear Immihelp Members,

I am currently on L2 Visa which is due for renewal in May-2019.
I was hired in US by an Indian IT Company which is filing L2-H1b cap petition for me this year.
My wife and I also planning to fly back to India to get our current VISAs extended.
Our planned date of travels are in the first 15 days of April.
Is it advisable to travel during this period, right after filing the petition?

[Libra_14]

Dear Immihelp Members,

I am currently on L2 Visa which is due for renewal in May-2019.
I was hired in US by an Indian IT Company which is filing L2-H1b cap petition for me this year.
My wife and I also planning to fly back to India to get our current VISAs extended.
Our planned date of travels are in the first 15 days of April.
Is it advisable to travel during this period, right after filing the petition?

Filing a petition is not a problem - you can have multiple offers from different different companies (h1) & can still continue to use/work on your current L visas.

Since your existing L2 visa is going to expire soon - are you planning to have it renewed meanwhile L2 to H1 will be done? Most probably you'll get your I94 till your petition/visa expiry only & you'll need to file for renewal asap.

[Manu21]

Filing a petition is not a problem - you can have multiple offers from different companies (h1) & can still continue to use/work on your current L visas.

Since your existing L2 visa is going to expire soon - are you planning to have it renewed meanwhile L2 to H1 will be done? Most probably you'll get your I94 till your petition/visa expiry only & you'll need to file for renewal asap.

Thanks, Libra_14 for a quick response. Appreciate it !!

My wife's company has already got the I797 approval form on our petitions, filed for the L1/L2 Visa extension. We just have to go to India and get the stamp on our passports. Hopefully, once we get the stamps we will also get the new I94 form which will extend our legal status in USA for another 2 years (may be).

Now, as far as the stamping is concerned, my wife can go alone to get the stamp for the extension. Once she gets it and comes back to the US, her employer will file for my L2 VISA extension and I will get it.

My question is: Is it OK for me to travel with her, knowing that an H1B Cap (Change of Status) petition will be filed for me in the first week of April.
I wish to understand the impact, that my travel may have on my H1B cap petition.

A quick response will be highly appreciated!!!

[Libra_14]

Is it OK for me to travel with her, knowing that an H1B Cap (Change of Status) petition will be filed for me in the first week of April.
I wish to understand the impact, that my travel may have on my H1B cap petition.

Tricky situation. Since your L2 petitions are already approved you are good to go & get your stamping done & return to USA.

However I would suggest to ask your employer to hold the H1B COS until you return back.