Legal Question in Immigration Law in New Jersey

Change of status from L2 to H1

I am currently in USA and having L2 visa(EAD). I am working on my L2-EAD and my employer has filed change of status from L2 TO H1 and that application is still pending.

my question is if i travel out from this country for 2-3 weeks would it affect to my change of status applciation.

I am planning to leave this coutry for 3 weeks and will come back before 10th sep. Since H1 IS GOING TO BE VALID ONLY FROM 1st Oct would it really matter?

Please advise.


Asked on 8/08/06, 8:02 pm

2 Answers from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Change of status from L2 to H1

You want to avoid traveling while the application is in process. One option may be to premium process the H-1 so that you are not traveling while it is pending. Given that I do not know your travel history or whether you have properly maintained L2 status without gliches I would suggest you speak to an attorney just to be sure before traveling. You may contact my office if you would like to set up a consultation.

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Answered on 8/09/06, 11:03 am
Vincent Martin Hellmuth & Johnson PLLC

Re: Change of status from L2 to H1

If you travel outside the U.S. while the H-1B petition requesting change of status is pending, the Immigration Service's policy is that the petition will be considered abandoned and thereafter, denied.

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Answered on 8/09/06, 11:10 am


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