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Leaving country for few months while change-of-status from L1 to H1B

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Hi,

I am currently working on a L1 VISA. My US employer has already applied for a H1B Visa. I might have to travel home for 3 months starting May.

Questions:

Does it afffect my H1B application if I have to travel back home for 3 months, during my change-of-status from L1 to H1B?

Can I come back say 1st of August on my L1, as the starting date is 1st October for H1B?

Anything else I shall be worried about?

Thanks,

Addy

asked Apr 6, 2013 in H1B Visa by adiH1B (140 points)

1 Answer

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If you have applied for COS  with your H1B,  the COS will be rejected if you leave the country before it is approved (only COS application will be rejected not your H1 petition). You may have to apply for a COS again after your return to USA.  Talk to your lawyer before you leave.
answered Apr 6, 2013 by ramanan256 (17,580 points)
Thanks, So if I come again into the country, how much time does it take to reapply the COS ? How does it affect me ?
You have 2 options:
1. Go for H-1 stamping and return on stamped H-1 visa around Oct 2013
2. Return on L-1 and file for separate COS from L-1 to H-1. Your L-1 employer should agree to your return on L-1, and COS itself will take 2-3 months.
REGARDING THE SECOND ANSWER HAD QUERIES ??
--------------------------------------------------------------------------------------------
2. Return on L-1 and file for separate COS from L-1 to H-1. Your L-1 employer should agree to your return on L-1??
>> WHAT DOES IT MEAN EMPLOYER OF L-1 REQUETING  TO RETURN BACK.? DO I NEED TO WORK FOR MIN MONTHS AND MOVE TO H-1

 >>> and COS itself will take 2-3 months  ???

 WHAT EXACTLY THE RULE OF L-1 to H-1 COS APPLYING  ,CAN YOU EXPLAIN CLAUSE AND ALSO WHERE IT IS STATED ??

 IF SO CAN WE APPLY FASTLY AS PREMIUM RATHER 2 OR 3  MONTHS ???

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