can L2 exit country after responding to H1B RFE

Hi Saurab,

I’m on L2 EAD and has an H1B petition filed. Received an RFE and is planning to respond to it on Dec 17th. However my spouse (on L1B) need to go back to India next week and appear for PA for (L1A stamping) in January 2013. If I exit the country when my H1B petition processing is on, will the H1 Bpetition abandoned? In case it is approved before my L2 stamping, can I choose to return on L2/H1B ?

I absoultely need to travel to India along with my spouse. If exiting during H1B processing is not recommended(chances of getting the petition abandoned)- is there a way to stop/withdraw H1B application? If I do that- will I not eligibale to apply for H1B next year? Especially when I recieved an RFE and didnt respond and left country. How it will effect my Change of Status for future H1B Application ?

Please suggest what’s the best option.

  1. Leave country without withdrawing and answering the RFE
  2. Leave country without answering the RFE
  3. Leave country after Withdrawing the petition and file fresh H1B in april 2013

Thanks & Regards,

What will happen is that your H-1 will continue to be processed but COS would be abandoned. If approved, your H-1 petition will come w/ consular processing and not COS from L-2 to H-1. If it gets approved while you are in India, then you can go for H-1 visa stamping and return on the same; or you can return on L-2 visa and file COS from L-2 to H-1. If it doesn’t get approved before your return to US, then you can return on L-2 and file COS from L-2 to H-1.