Travel during RFE for H1B visa

[madan_d]

Hi,

I received RFE for H1B Visa (premium processing) in last week of April 2013. Can I travel to India and return back in May-Jun2013 timeframe while RFE is in process and the final H1B result is yet to receive? I am currently working on OPT and have valid OPT Stem extension & F1 Visa till end of 2014.

any help is greatly appreciated....

Regards,

Madan

[pontevecchio]

I presume you anticipate no problem getting a H1 visa at the appropriate time. Also please do not use word visa for a petition. If the H1 was pending with COS the COS is nullified by travel.

[madan_d]

Hi pontevecchio, thank you very mcuh for the reply.

Can you please explain a bit more about the consequences I had to face due to travel while H1 is pending?

Does it mean that my H1B petition will be cancelled if I travel and I have to apply for H1B only in next year again? Can you please clarify.

[pontevecchio]

Travel during a pending COS nullifies the COS application. The H1 will be decided on merits and if approved under your circumstance you will need a H1 visa at some point of time to come back up to 10 days before the start in H1 status.

[madan_d]

Thank you very much pontevecchio.