My H1b got denied because i travelled while H1b approval is pending

[vvdeeraj]

This is venkat.I have applied for H1b this year as my OPT is about to expire this end of june.while my H1 result is in pending i have travelled to india(april24-may25) and came back to attend my sister's marriage.as soon as i came back,my employer said my H1 got approved and then immediately i got denial letter from USCIS saying that i have travelled outside the country while my decision was pending approval.

Is there any way that i can escape/bypass this denial and move on with my original decision.(FYI,my OPT is still active with expiry on june 30th and i also applied for CAP GAP)

[jairichi]

The denial is for change of status and not the actual H1B petition.

[rahul412]

AFAIK, USCIS will not deny H1 if you travel during the processing period.

[livliv]

Only the change of status part of the petition must have been denied. The H1 petition should have been approved as a consular case. Read the approval/denial notice carefully. Did they send two separate notices to your employer?

[skbiswal]

@ vvdeeraj is it really a denial because of your travel ? I think USCIS does not directly deny rather they issue s intend to deny notice before they actually deny. Even I traveled  after application I am still waiting for the approval. I am getting scarred lil bit after hearing this. Please post the actual situation. weather the COS is denied or the H1b is completely denied ?