Travel on RFE - H1B Transfer

[arjun47]

Hello,

I have a RFE (for additional documentation on my project) on my H1B transfer petition - which is in premium processing. But I have an emergency to travel to India now. My attorney has submitted the documentation to USCIS and we are waiting. Is it safe for me to travel now? Does the USCIS will perceive my travel as any violation sort of? Once approved they would still issue a new I-94, even when am out of country right? I was hoping if it gets approved, my attorney will mail the docs to me to India and from there I can go to stamping? Do you see I would have problems at stamping for my travel while my petition is in pending state? Am I risking too much? please advise me!

Thanks,

Kalyan

[Dev8803]

Don't leave USA while H1b processing. You might be getting I797 without I94 and forced for consular processing.

[kalyan_ac]

You can travel but your petition would be approved as consular processing (with out I94), you will then have to go for stamping and comeback with the latest I94.