H4 to H1 RFE

[chithu77]

Hi

 

My first-time H1B got approved this year. It was filed as Consular processing. I was working in India and came to US on H4 this summer. My H1 employer decided to do change of status from H4 to H1 of the previously approved H1 petition. The COS application got RFE from uscis and the company's attorney is working on it. Can you please answer the following questions.

 

1) If I need to go back to India before the COS result is known or I go back after the COS is denied (just in case), is it true I'll be able to attend visa interview using the previously approved H1 CP petition.

 

2) If I come to know my COS is denied before I go back to India, will any other employer be able to transfer my H1b CP petition that was previously approved.

 

Thanks

[jairichi]

1. You can go anytime and appear for visa interview.

2. Yes.

 

What was RFE about?

[chithu77]

Thanks for your reply. I am not aware of all the RFE details. There was one doc related to my existing H4 that my attorney had asked which I have provided to them.