H1 in RFE--Travel to India--H4 stamping---COS after coming into US

[SKall87]

I am currently on H4. I applied for my H1 through a consultant this year. My application got a RFE and the attorney's office answered it last week. I plan to go to India. Now here are my questions.

 

1. If I go to India now and my H1 gets approved when I am in India, can I come back on H4? 

2. Will my H1 be considered 'abandoned' if I leave the country while it is in processing?

3. If I go for H1 stamping instead, since I would not have worked in the US, I can not provide any paystubs. What are the chances of my visa to be denied then?

 

Thanks.

[jairichi]

I am currently on H4. I applied for my H1 through a consultant this year. My application got a RFE and the attorney's office answered it last week. I plan to go to India. Now here are my questions.

 

1. If I go to India now and my H1 gets approved when I am in India, can I come back on H4? 

2. Will my H1 be considered 'abandoned' if I leave the country while it is in processing?

3. If I go for H1 stamping instead, since I would not have worked in the US, I can not provide any paystubs. What are the chances of my visa to be denied then?

 

Thanks.

1. Yes. you can.

2. Your change of status will be considered abandoned.

3. Since this is your 1st H1B petition they would not expect any pay stub from you as you were on H4 earlier.

[omshiv]

you better avoid travelling especially when doing a COS...what is there in India that you have to make this trip?

[valli i]

you better avoid travelling especially when doing a COS...what is there in India that you have to make this trip?

HI,

 

My case is silmilar to this but reason to leave US is my husband payroll, once he is out of payroll means we have to leave. and my husband will come back with new employer. because transfer is in process due to some reasons it will be delay that is why need to leave. in this case how can i come back?

With new H4 , if it is before H1B approval?

or

with new H1B approval, after decision made on H1B?