Travel after applying H1B

I am currently in US on L1. Company X is filing H1B for me this year (Apr 2016) without COS. My brother’s marriage is in last week of March. So I need to travel to India between Mar 20 and Apr 15. I am planning to return on Apr 15 on L1 visa. Will this affect my application because i will have a new I-94?

As the filing will be w/o COS, it doesn’t matter if I-94 changes.

Thanks Saurabh for your prompt answer. I am not sure what date the Lottery will happen. If it happens after Apr 15, I will be back by then, but I have to travel leave US end of March to attend the marriage. Do you think it can affect anything?

If you are applying w/o COS, then you can travel anytime.

If you are applying w/ COS, then you should avoid travel b/w filing date and approval date or else COS will be abandoned.

Thanks Saurabh. You’re awesome.


I have a followup question based on your answer. You said if applied with COS, the COS will be abandoned Or denied. That means my petition may still get approved but not the COS? Am I right in my understanding?

That is correct understanding. Even if COS is abandoned/denied, USCIS may approve the petition w/ consular processing.