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Sandeep77999

Travel while H1 on RFE

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Hi,

I am currently on OPT extension and my Opt is valid till Feb 2019. I have filled for H1B this year, my H1 got picked and I got RFE today. As we have 90 days for replying to RFE, I am planning to travel to India in the month july and reply to it once I am back in US. Below are my Questions.

1. Is it safe to travel while H1 is on RFE?

2. If it is safe, will this impact my H1 approval?

3. If it does not impact and my H1 is approved, will it approved by rejecting my 'Change of Status'?

4. While replying to RFE once I am back in US, can I attach the latest i94 to the RFE while replying?

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1. No

2. No

3. Questions Does not make sense. You are changing from OPT to H1B that's the petition you filed for H1B. That serves as your COS petition. If your H1B is approved which CHange of Status you are referring to will be rejected ?

4. RFE needs a response to specific questions raised. I94 may need to be updated , consult your immigration attorney at employer.

Your Repeat Thread which was responded to earlier.

While there is no legal mention , It's not recommended to travel on OPT, let alone OPT with RFE.

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1. It should normally be ok to leave the US and return, assuming your F1 Visa is valid. OPT requirements are very strict these days and I assume you have completed all documentation requirements properly.

2. Those two should be unrelated.

3. If it gets approved while you are out of US, it is possible that it will be without change of status. Even if it is approved with COS, since your return to US in F1 status is after the date of approval, your status becomes questionable. It is best to reply to the RFE after you return.

4. Yes, your employer can submit new I-94 alongwith the RFE response.

 

Note that you are not responding to any RFE, your employer is.

Also, what the RFE about? How confident is your employer's attorney about responding to it?

Edited by mehopeful

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2 hours ago, Centepede said:

While there is no legal mention , It's not recommended to travel on OPT, let alone OPT with RFE.

I don't know where people get these ideas. It is perfectly fine to to travel and return while on OPT if all paperwork is in order.

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18 hours ago, mehopeful said:

I don't know where people get these ideas. It is perfectly fine to to travel and return while on OPT if all paperwork is in order.

People get ideas from experiences encountered. 

While it's perfectly fine to travel the recommendations made are public opinions without any legal bindings to it.

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3 hours ago, Centepede said:

People get ideas from experiences encountered. 

While it's perfectly fine to travel the recommendations made are public opinions without any legal bindings to it.

It's called fearmongering.

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55 minutes ago, mehopeful said:

It's called fearmongering.

Reality is a perception until experienced in reality.

You and many must be lucky ones who fortunately has a positive experience but there are many unfortunate like the ones I know personally whom i have seen going through the troubles of traveling while on RFE and many more on OPT. Ofcourse, to your point  - having a good documentation to reason the circumstance would definitely be helpful but it may not.

Reality today and many immigration attorneys will tell you point bank that their confidence levels on RFE these days are at all time low doesn't mean that RFE will not see positive light at the end.

On crowdsourced forums like these many go by "experiences" however in my personal opinion which I am entitled to write on a crowd source forum I try to add "probability" for undertaking a "risk" to Success/Fail ratio. However, in my responses you'd notice a tone "Why take risks?" that's what is been perceived by you as "fearmongering" which is an opinion you are entitled to have. 

In the end, OP is an adult to make his own choice based on 2 varied opinions expressed here. 

Edited by Centepede

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OPT and RFE on the H1 petition are two separate things, one will not affect the other. You state that travel on OPT is not recommended, and in reality there is no such thing.

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3 hours ago, mehopeful said:

You state that travel on OPT is not recommended, and in reality there is no such thing.

Likewise legally. I humbly beg to differ.

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