Can I travel to India when I 539 (change of status) is pending decision

[chandan6025]

Hi,
I am planning to change my status from L1A to H1B . I will have to go via the April 1,2021 lottery capped process. My L1A extension was approved last Oct 2020 and is valid till Jun 2022 but is pending stamping since I am yet to travel back to India.

My question is - Assuming my nomination is picked in lottery and I ask my employer to file for change of status petition (I 539) ; is there any problem if i travel to India during this time when my petition is pending decision ? Does this impact my current L1A visa petition status and my re-entry to USA ? How does this scenario usually play out as per visa rules ?

Thanks in advance !
Chandan

[newacct]

If you leave the US, a pending Change of Status (which is part of the I-129 H1b petition, not an I-539) will be abandoned. The H1b petition will still be approved, but it won't come with a Change of Status. So if you are in the US at the time your H1b is supposed to start, in order to go into H1b status, you would either need to leave the US and get an H1b visa and re-enter, or your employer will have to file another I-129 to request Change of Status again.

[chandan6025]

I was under the impression that I 539 is form used for changing status . It seems I am wrong and employer would have to file a fresh petition under H1B via I 129. As mentioned by you, the change of status will be abandoned once I travel out . Can I go for L1A visa stamping at home country consulate and re-enter , or does the current petition (L1A individual till June 2022) get affected in some way ?

What if the change of status decision is pending and I want to re-enter USA ? Does my L1A petition hold good and I can enter with L1A visa stamping ?

Thanks in advance !

[Libra_14]

I was under the impression that I 539 is form used for changing status . It seems I am wrong and employer would have to file a fresh petition under H1B via I 129.

Thats correct, your employer need to file I129 for your H1B petition.

As mentioned by you, the change of status will be abandoned once I travel out . Can I go for L1A visa stamping at home country consulate and re-enter , or does the current petition (L1A individual till June 2022) get affected in some way ?

Certainly, an abandoned application won't have any impact on your future visa applications.

What if the change of status decision is pending and I want to re-enter USA ? Does my L1A petition hold good and I can enter with L1A visa stamping ?

Yes. Just ensure you carry proof of all these application when you try to enter into USA.

[chandan6025]

Thanks much ! Really appreciate !