H1B Approval & Travel Outside US before Oct 1st


I have a question regarding my recent H1B peition approval (with COS) and travel outside USA before Oct 1st' 2012.


I am currently on L-1B visa.

My H-1B petition has been approved with COS for this year with starting validity date as Oct 1st 2012.

I am planning to travel to India on July 13th 2012 and return back to US around August 15th 2012 and continue to work for my L-1B employer until Oct 1st.

I would be returning to US along with my spouse on her L1 visa which we shall apply for in July ending.

Once the process is complete, we both would return to US in Mid-August with me on L-1B and spouse on L2 visa.



I have the following qustions

1) Even though my H-1B is approved, can I still come back on my existing L-1B visa in Mid-August 2012 along with my spouse on L2 visa?

2) Do I have to necessarily go for H-1B visa stamping?

3) Will there be any questions asked at US Immigration regarding my recently approved H-1B on my return back to US?

4) Would I need to provide any specific additional documentation to prove that my current L-1B is still valid?

5) Is there any grace period for starting working for my H-1B employer or do I have to compulsory start working from Oct 1st onwards?

I'd be really grateful to get any clarification on these questions.

Thanks a lot in advance.


  1. As far as I know, you may travel to India and come back on L1B along with your spouse on L2.

    1. You don’t have to, but you may go for H1B stamping while you are in India. Howver, you can enter US on H1B VISA only 10 days prior to work start date (st October).

    2. They may or may not.

    3. If you are travelling on L1 VISA, ofcourse that should be valid. In addition to the stamped VISA and approval notice, you could carry the petition copy as well.

    4. Since your H1B petition is approved w/ COS, your status will automatically change to H1 on 1st October and you need to start working on that day for that employer.

I have similar situation but i will be going back to US on L1B visa on mid of sept and my dependent may travel on 28th Sept. Is there any problem to apply for H4 for my dependent after reaching to US?