Travel to India on H1B RFE

[Karn89]

Hello all,

My H1 was picked in the lottery and I received an RFE on September first week. My attorney is yet to respond, as my documents are currently going through expert evaluation. I was on CAP-GAP which expired on 30th September. I was terminated and my HR assured me that they would be able to rehire me once my H1 is approved.

Since I am no longer working, it is obvious that I lost my medical coverage and unfortunately I got a thigh injury. It is getting worse with every passing day. Frankly speaking, I cannot afford the medical bills in US at this point of time. I am planning to make a trip to India and return after getting an H1 stamp on my passport. So my question is; will it be okay to travel to India when my file is under RFE?

Any comment / suggestion would be helpful. Thanks for your time.

[Chai]

H1-B is not under your control but your health is. Your health is more important than H1-B. Get well soon.

[pontevecchio]

As long as the H1 petition is finally approved, you can get the visa and come over. If not, you cannot.

[JoeF]

If it was filed as COS, obviously the COS would get denied if you are abroad.

This is independent of the RFE. Travel abroad doesn't have any influence on the RFE.

[Karn89]

4 hours ago, JoeF said:

If it was filed as COS, obviously the COS would get denied if you are abroad.

This is independent of the RFE. Travel abroad doesn't have any influence on the RFE.

@JoeF: I believe it's COS because I was on F1 until 30th September. So if COS is denied, then can I get a new stamp on my passport and re-enter States? Though even my F1 stamp has expired.

[JoeF]

20 hours ago, Karn89 said:

@JoeF: I believe it's COS because I was on F1 until 30th September. So if COS is denied, then can I get a new stamp on my passport and re-enter States? Though even my F1 stamp has expired.

Yes, once the H1 petition is approved (without COS) you can get an H1 visa, and enter with that.