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Travel to India during L to H conversion

Greensboro, NC |

I'm currently on L1 B and filed for H1 visa this year. My wife is on L2 and she also filed her H1 this year. Both of ours I94 are valid till May 31st 2014. Both of our cases are of change of status.

As our cases are pending with USCIS for H1 approval, can we travel to India during this period.
If our H1 gets approved and we are in India at that time, can we still enter in US on our L1/L2 visas.

Attorney Answers 4

Posted

If you depart U.S. the COS is considered abandoned by the USCIS.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

If you do not work on L1 employer at all time during your travel to India and staying in India, your trip to India may turn out to be a one way journey. If your L1 employment ceases why you are in India or on your way into the United States, it also may turn out a prolonged 5-year stay outside of the United States. Hence, you should be very careful when you travel during the "conversion" process. You can travel to India, wait there until your H1B is approved and then visit a consulate and have an H1 visa foil issued to you. Then, you can come into the United States on H1B visa

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Posted

Hi! Hope that you are well. Once you leave the country your change of status will be denied based on the fact that USCIS will consider it abandoned it. Therefore, you will be left with only consulate processing. I would suggest that you sit down with an attorney so that timeframes and your current work situation could be better explained and therefore a better answer as to your travels could be had. You need to be careful. I would talk to someone before leaving. Good Luck.

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Posted

the change of status from L to H will be denied once you leave the United States. If you are returning to the United States to resume employment with the L employer you may return on the L visa, however, before you may begin employment with the H employers, you will need to file change of status applications.

919.225.3963.
Immigration@rbrownllc.com
www.brownimmigrationNC.com

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