H1B RFE, STEM OPT till Jun 2020, need to travel

[aloks1990]

Hi,

My H1B is in RFE status for which documents were received by USCIS on Sept 11, 2018. I have a valid STEM OPT Extension until Jun 2020.

I have to travel to India during the month of November 2018 for family reasons which I am unable to avoid.

I came to know that if I travel when my H1B application is in RFE pending status it is considered as abandoned. I am worried about what am I supposed to do for the following situations:

• If I am in India and my H1B is approved, what are the steps I am supposed to take when I return to US?
• If I am in India and my H1B is denied, what are the steps I am supposed to take when I return to US?
• What would happen to my H1B application if I come back to US and the RFE status is still in pending status?
• Is there a way to expedite USCIS process for my application before travel?

Please help me with this situation as I am confused about what to do, I am feeling really bad about abandoning H1B when it's difficult to be picked up in the lottery but unable to do anything as I have to go to India for a few weeks during this time..

[Ncras07]

Hi Aloks1990,

Any updates on your case? What decision did you make?

 

My wife is in similar situation and we are planning to travel soon to India.

Thanks 

[02112018]

Avoid travelling when your petition is in process with Govt.

•  If approved have to go for stamping
•  If denied, wait for next yr to re-file.
•  200% they will not allow you to come in if RFE is still in progress. If they do then you are the most luckiest person.
• Check with Immigration lawyer.