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Can i travel to India while H1 is applied and under process

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  • Can i travel to India while H1 is applied and under process

    I am on L1 status for company A in US now and other company B processed my H1 B this year 2013 and received the acceptance of the application on regular quota.Meantime I have to go India in May/2013 for some emergency work.
    I want to know that if I have a valid L1 visa(Valid till Feb/2014) and my H1B petition will be approved during my visit to India during May or June/2013 then can I travel back to US in my L1 Visa with no issues in port of entry?
    is there any chance of auto status change of visa from L1 to H1 within Oct time, when I am with company A and not changed to company B.
    Kindly suggest.

  • #2
    Since you will be working with company B in future , it will be better if you enter with an H-1b stamp .

    There is no such thing as automatic status change. You have to apply for one.
    You can enter on an L-1 provided you have not resigned from company A , and apply for a status change
    to H-1b. But a changed status is a problem if you need to travel outside US again, you will have to get an
    H-1b stamp abroad to reenter.

    So , it is a good opportunity for you while you are in INdia to get an H-1b stamp if you get your
    approval at that time. The only downside is delays getting stuck in 221g at the embassy.

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