L2 to H1 COS and travel to India


I am currently holding L2 visa with EAD. I want to apply for H1 premium for 2013 quota but there are few doubts regarding my change of status because of the below conditions in my case:-

1> My I-94 is valid till 26 Aug 2013.
2> I have to mandatorily travel to India in May 2013 for 2 weeks.

My question is

1> If I apply for H1B in april and since I dont have the valid I-94 after August, will I get a letter from US goverment asking for my proof of stay till October ?
OR I can go ahead without change of status (COS) in April and my case will be approved under Counselor processing ?

2> If I go ahead with premium processing and get the counselor approval by April end, can I travel to India and apply for COS after I come with to USA and get my L2 extension letter.

3> If none of the above 2 are possible, could you please suggest what can be done in this case as I cannot avoid going to India in May.

Appreciate your help in this.


Personally, I would go w/ #2 as you have to leave US in May. So you can file w/ consular processing, then leave US as per your plans, file L-2 extension after returning to US (or may be you will get an extended I-94 while returing to US) and then file COS from L-2 to H-1.

Thanks Saurabh,

What will happen if my H1 is not approved by May (my travel time) ? Will my H1 petition be abandoned ? Is there a way to handle this situation ?