Can I travel to India while my H1B petition is pending?


Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa “stamp.” For cap cases, that means waiting until just before October 1st. However, depending on the circumstances, there can be better options for cap cases; for this, I would recommend speaking with one of our attorneys. (14.Mar.2016)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.