H1B RFE - Travel to India on STEM OPT


girlinblue

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6 hours ago, girlinblue said:

I received an RFE for H1B. RFE response was sent by company attorney to USCIS and the case is pending.

Can I travel out of the US and re-enter on my STEM OPT extension which is valid until 2010?

What are the implications of this on my current H1B RFE with USCIS?

Depends on if H1b was filed with change of status request or with consulate processing .

Case1 : You are in USA and H1b filed with COS and H1B COS is approved. Your OPT/F1 will be gone in this case and you will be in H1b status.

Case2: You are NOT in USA and H1b filed with COS.  In this case your H1b will be approved but COS will be considered abandoned because you are not in USA. There is no status to change to. You can choose to apply for H1b visa at nearest consulate and come to USA on H1b after H1b visa classification is approved. As soon as your H1b is approved your F1/OPT will be gone. Or you can simply come to USA on your valid OPT without applying for H1b visa. 

Case2 gives you more options . And in case it happens to you, the suggested route is to apply for H1b visa and come to USA under H1b instead of OPT . 

Bottom line is to  make use of your employers and their attorneys resources to ask these type of questions. They know your case and can work closely with you. They are paid to do exactly this.  This is the best advice I can offer you at this time.

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