Travel to India when H1B case is in RFE status

[velpula.sujatha]

Hi,

 

I am having few questions on H1B approval

 

1.Currently I am on H4 visa and in US
2.Applied for new H1b and COS
3.Got selected in lottery in 2014 cap.
4.Currently my case is in RFE. Still consultant is not replied for RFE. He is planning to reply in August month.
5.I need to travel to India in August month.
6.As consultant did not fill the I94 information, they have asked to send I94 copy also. (Mentioned in RFE document0
7.When my case is in RFE can I travel to India?
8.Will my H1b case have any problem in approval if I am going out of country during RFE is in progress?
9.Suppose if it approved when I am in India, do I need to attend for Visa using H1B papers? OR Can I travel using my current H4 visa.
10. If I can travel back using H4 visa, do I need to apply for H4 to H1 COS again after I come back again to work using H1B?

 

Please help me.

 

Thanks,

 

[jairichi]

Better to avoid travel before approval. If you travel before approval then your COS is considered abandoned. If you enter US  with a H4 visa later then employer has to file a cap exempt H1B petition with COS and pay H1B fee again. Alternatively you can exit and enter US with a valid H1B visa and I797.

[mkasarap]

Hello we have same situation may I know what would be the best option ?

Currently on OPT Extn valid until November 2015.

H1B cap selected and got an RFE

If travel to India next month in Oct2015 would like to know if my H1b is going to be cancelled ?

Can I travel back on h4 and change status once RFE cleared ?

Employer not yet answered on RFE.

Please provide some inputs awaiting for your reply..

[jairichi]

Hello we have same situation may I know what would be the best option ?

Currently on OPT Extn valid until November 2015.

H1B cap selected and got an RFE

If travel to India next month in Oct2015 would like to know if my H1b is going to be cancelled ?

Can I travel back on h4 and change status once RFE cleared ?

Employer not yet answered on RFE.

Please provide some inputs awaiting for your reply..

If you travel outside US your H1B petition will still be processed. After entering US on H4 if you would like to move to H1B employer has to file COS & pay H1B fee again. Only after approval you can work for employer.