Travel to India for H1B Stamping while my H1B Amendment is in RFE Status

[priyadharsini.s]

Hi,

This is Priya. I came to US in h4 visa and i got an employer who sponsored my h1b visa and got it approved in the year 2015. Then i started working for a company from April 2016 and so my employer filed for a H1B amendment in October 2016. This amendment has now moved to RFE status and we will submitting the related documents within the next week.

Now I got a family emergency and need to go to India within July 12th. Now that we dont have the option of doing amendment in Premium, My question is whether I can now travel to India now and get my h1b stamping done? Will i get any problem during my h1b stamping since my amendment is in RFE?

If so, what kind of questions will i be getting and how much risk is it to travel with amendment in RFE status? I could see the earliest dates for doing appointment is on 17th July. So i need to decide soon.

Please do answer me ASAP. 

Thanks much in advance, 

Priya.

[gopalakrishnach]

You can certainly go to India. There is nothing stopping that but it is always adviced not to travel when you have any H1B petition process going on. Once your H1B is approved you need to go to visa stamping and need to get visa stamped and then come back. 

 Will i get any problem during my h1b stamping since my amendment is in RFE? - If everything goes fine then no problem but if your petition is rejected you cannot comeback on H1B. You can do change of status to H4 and then get stamped and come back.   

what kind of questions will i be getting and how much risk is it to travel with amendment in RFE status? - no one can answer that question with 100% accuracy. What type of questions asked will depend on VO. Risk is always attached to every case since no one can certainly say 100% I will get stamped. Everyone must attend the interview with confidence, carry all documents, and must be able to answer all kinds of questions. In your case if RFE is simple and your employer is doing all things right then you can be more confident.