H1b RFE for moving out of USA for a few days

[vednath@gmail.com]

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to Bahamas on an vacation during that period

not knowing that I cannot travel when my application is pending( i was under the assumption that since i already have  a valid stamping on my passport i could travel outside USA until my application for H1 gets approved which did not happen during my stay in Bahamas ).. I am back and currently in US.

 

Today I received the notice stating that my H1b has an RFE since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

 

Thanks for the help!!

[jairichi]

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to Bahamas on an vacation during that period

not knowing that I cannot travel when my application is pending( i was under the assumption that since i already have  a valid stamping on my passport i could travel outside USA until my application for H1 gets approved which did not happen during my stay in Bahamas ).. I am back and currently in US.

 

Today I received the notice stating that my H1b has an RFE since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :

1. Is there any way to re apply for change of status without travelling to India ?

2. What are the chances of getting it approved?

3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?

5. In case it does not get approved, can I still come back on my H4 ?

6. After coming back can I apply for my H1 again in this year's quota itself ?

 

Thanks for the help!!

1. Yes, your employer applies again for COS and pay H1B fees. I am sure your employer would not be interested to spend more money.

2. No one can predict that. If all your documents are good you should be fine.

3. That is employer's business. Same fees like filing a H1B petition.

4. Check 2.

5. Yes, if you have a valid H4 visa.

6. Yes. It will be cap exempt. And the answer is in 1.

[pontevecchio]

You need to actually talk to your H1 sponsor or his representatives and ask them what they want you to do. You can always remain in H4 status or come back in H4 status. The fact is you have been cap counted. Hence you have 6 years. Your heading is misleading.