Traveling to India with valid H4 status and while on H1B RFE

[shiny9043]

My wife is currently on H4 EAD and has validity until Aug 2021. In April 2018, she has applied for H1B and her H1B was picked up in lottery. Recently she has received an RFE for H1B Petitions. She still has around 2months of time to reply for RFE.  

Couple of questions:

1) Before replying to RFE,  Can she travel to India while H1B RFE is pending?

2) Can she go and get her H4 Visa stamped while H1B RFE is pending?

I would really appreciate if anyone can help.

Cheers

[xTDx]

Yes to both questions. Once you are out of USA, you have no status. And if H1b is approved, she can apply and get a H1b visa to travel back or she can choose to come back on H4 with a valid H4 visa.