On L1 and there is a query and now I have to travel back to India

USA L1, L2 Visa
1

I am on L1 and applied for COS to H1 in June 2012 and there is a query on my application now and still pending, My journey is on Oct 25th 2012 to India.

My question is will my H1 be approved if I cross the border?

If approved can I go to embassy in India and get the H1 stamped? What are the chances of rejection? I have been to US couple of time on my L1.

Please let me know about this.

2

Thank you Ramanan, you cleared my confusion… As I heard that my COS application will be canceled automatically if I am not in US while COS process…

3

I missed COS before, USCIS memo says as follow for COS petition:

"If at any time it comes to the attention of the Service that an alien on whose behalf a
request for a change of nonimmigrant status has been filed has travel outside of the United States
during the pendency of the request for a change of status, the application or petition should be
denied pursuant to 8 CFR 248.3(g)."


Attached is teh link to the above statement:
[http://www.uscis.gov/files/pressrelease/Travpub.pdf](http://www.uscis.gov/files/pressrelease/Travpub.pdf)

Kindly check with your company lawyer immediately and get legal advice as your travel is close.
4

If the H-1 is pending when you travel outside of US, then the COS will be abandoned. The H-1 petition would still be processed and can get approved, but your COS will not be approved. You will either have to return on L-1 and file for COS to H-1, or enter US on stamped H-1 visa.

5

Hi Surab,

So it is basically what we applied for? if we apply for COS it will cancel when I travel outside of US,and if applied for H1 I can go for stamiping at the US consulate in India.

or does the H1 superseed COS? once I travel outside US?

6

H-1 is applied either w/ COS or w/ consular processing. If one applies w/ COS but it gets abandoned (i.e. if one leaves US in b/w), then H-1 would be processed as if it was filed w/ consular processing. Whenever H-1 is approved w/ consular processing it implies the person needs to go for H-1 visa stamping.

Does that clarify?

7

That helps, thank you so much, that clears my ambiguity.