Can I travel Outside of US while appeal is made against H1B denial?


I am currently in US on H4. My H1b application this year was denied. Now my company is applying for an appeal. I wanted to check if it is ok to travel outside of the US while the appeal is in progress. I do not wish to be stopped at the point of entry while returning.

Please advice. I need to need to decide urgently.

the MTR will be abandoned as soon as u leave the USA. In that case u will have to refile H1B petition. MTR takes 90 days min to a whole year. In the mean time the Quota will be finished most probably. SInce H1 B was denied so no Visa No was issued. It is wise in your case to figure your situation out in the current situation. Try to work out on the reason your visa was denied. Make sure that you have been maintaining status in USA. BCZ if even u apply next year the COS will be denied cz of out of status situation. Be very very careful from now onwards. USCis is getting stricter and stricter day be day.

I am currently in US on valid H4. I just need to travel outside of the US for a month on vacation. What you explained… does it still apply?

See as you have said that you are on H4 Visa. If the H1b is denied that means not only H1b visa petition is denied but the COS is also denied. I am not sure whether you have applied for consular processing or COS in the USA. I am not aware of the entire situation so not sure what to tell you?


Zoofi is correct in stating that since your H1B was denied, the change of status was also denied. This means your present visa status continues as defined. If you have a valid H-4 as stated, that status does not change and may be used for travel as long as dates are valid.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University,