Travelling after COS is approved

[imkh4u]

Hi, I am currently on L1B. My employer has filed Change of Status from L1B to H1B recently.

I have read some ports saying that it is not advisable to travel internationally while COS petition is in process as it may abandon the application and will get cancelled automatically.

My understanding is that I will get new I-94 once it is approved?

I would like to ask, can I travel once my COS petition is approved? My new H1B status will start from Oct 1, 2012 onwards. So If I travel and come back before Oct 1, 2012, I will be coming back on L1B and new I-94. Do you see any problem there?

Thanks

[sunny1000]

Originally Posted by imkh4u

Hi, I am currently on L1B. My employer has filed Change of Status from L1B to H1B recently.

I have read some ports saying that it is not advisable to travel internationally while COS petition is in process as it may abandon the application and will get cancelled automatically.

My understanding is that I will get new I-94 once it is approved?

I would like to ask, can I travel once my COS petition is approved? My new H1B status will start from Oct 1, 2012 onwards. So If I travel and come back before Oct 1, 2012, I will be coming back on L1B and new I-94. Do you see any problem there?

Thanks

Once your COS is approved, you SHOULD NOT come back on L1B as CBP goes by the last action rule which means your last entry will be on L1 and will negate the COS and the I-94 that was issued with it.

You will need a new visa stamp as you changed status and you should come on the new status.

Again, this is based on what I have read and understood and so, I may be incorrect. Any doubt, please contact an attorney.

Other members who have done this can weigh in.

[imkh4u]

Thank you Sunny for your response.

I went through some more posts and found below ones.

USCIS Letter Addresses Travel After Change of Status

2nd last question from
http://www..com/visas/h1b/h1b-change-of-status-faq.html

Please let me know what you think.

Thanks