I am currently on valid L1 visa. My L1 is expiring in November. My employer wants to apply H1 B for me. But i want to travel to India sometime in September. Does travelling to India while H1 is under process cause any type of problem. Does change in i94 during H1 process underway cause RFE in H1 B applicatioin.
3 things can happen:
Your H-1 is still pending when you leave US. In this case, they will continue to process H-1 but will abandon the COS. You can return on L-1 and will remain on that status unless COS is filed again or you enter on stamped H-1 visa.
Your H-1 is already approved before you leave US, and you return prior to Oct 1. In this case you will enter on L-1 but will move to H-1 automatically from Oct 1 based on prevously approved H-1 COS. Your H-1 I-94 will govern your status,
Your H-1 is already approved before you leave US, and you return after Oct 1. This is similar to #1.