Legal Question in Immigration Law in Kentucky

I am on L2 EAD. I applied for H1 on last Friday. My L2 is valid till Sep 17th 2012. I wanted to go to India in July for a month. Can I go to India in July and come back in 1st week of August. If not then what is the best time to go to India for me.


Asked on 6/13/12, 10:32 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

If you travel prior to approval of the H1B petition granting change of status effective Oct. 01 (due to visa cap issues, it is almost certain that the start date on the H1B approval notice will be Oct. 01), the petition will be approved by the USCIS but you will not be granted "change of status." You will need to then obtain an H1B visa stamp at a U.S. Consulate (in most cases in your home country) and H1B status will be activated when you enter the U.S. using the H1B visa stamp.

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Answered on 6/13/12, 10:48 am


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