madan_d Posted April 30, 2013 Report Share Posted April 30, 2013 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 Link to comment
pontevecchio Posted April 30, 2013 Report Share Posted April 30, 2013 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. Link to comment
madan_d Posted May 1, 2013 Author Report Share Posted May 1, 2013 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. Link to comment
pontevecchio Posted May 1, 2013 Report Share Posted May 1, 2013 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. Link to comment
madan_d Posted May 6, 2013 Author Report Share Posted May 6, 2013 Thank you very much pontevecchio. Link to comment
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