Leaving to India in the middle of RFE for my L1B to H1B petition

[themonk007]

I came to USA last year with my L1B visa, which is expired but I have a valid I-94 till next year. My company applied for L1B to H1B under this year quota and my petition was selected in the lottery. I got RFE couple of weeks ago and responded for the RFE with required information.

 

Now I need to go back to India by end of this month. I am planning to return to USA only after getting my H1B approved. Will there be any adverse impact on my H1B petition approval if I go back to India? Will there be any delay in the processing time?

Any input is highly appreciated. Please help.

[omshiv]

What is the H1 is denied? you wont be able to come back. Usually its not adviced to travel when its in RFE or processing/pending.

[pontevecchio]

You can travel and always return in L1 status if the H1 petition is denied.

[themonk007]

Thanks omshiv for the reply.

 

I am OK if I am not able to come back if H1B gets denied. I am interested to know if my leaving the country would have any effect at all on the H1B petition? Either probability of approval or any delay in approval?

 

I heard that once I leave the country, the petition will be moved to US Consulate in India and I ned to attend visa interview to get H1B. Is this correct?

 

Thanks.

[omshiv]

You can travel and always return in L1 status if the H1 petition is denied.

 

But OP's L1 has expired.

[pontevecchio]

He will need to get the L1 visa. What is the problem?

[themonk007]

If H1B is not approved this year, I can be in India till next year H1B, that is not a problem.

 

I need to decide if it is a good idea to travel to India when H1B is in RFE state. My going back to India will have any effect on the petition approval chances?

[pontevecchio]

No

[jairichi]

If H1B is not approved this year, I can be in India till next year H1B, that is not a problem.

 

I need to decide if it is a good idea to travel to India when H1B is in RFE state. My going back to India will have any effect on the petition approval chances?

Get the opinion of your employer and his attorney.  

[themonk007]

Get the opinion of your employer and his attorney.  

My employer wants me to be here just because its the safest option. But I have a personal emergency to go back to India.