Got an RFE. I need to go to India and safely Return back

USA H1B Visa
1

Hi,

My STEM OPT is valid through January 2020.

My H1b got picked and had got an RFE. I need to respond to my RFE by September 23, 2018.

Below are my questions.

  1. My marriage is arranged in December 2018 and I need to travel to India for the same on Dec 1.so even I don’t have any update on my RFE by end of November, can I still travel to India in December on my OPT STEM extension card and return back to the USA.

  2. If in case of my H1b is denied or revoked before December 1, 2018, can I still travel to India in December on my OPT STEM extension card and return back to the USA.

  3. Can I respond to my RFE through consular processing? i.e., can I request in my RFE response that I would like to get my RFE case to evaluate via consular processing? I heard from a friend that using consular processing I can travel out of the USA for at least one year while my H1b application is still in processing. Does it applicable to my case.

Kindly let me know if there are any other options that I can exercise so that while my RFE is still under processing I can travel to India in December and return back to the USA by end of December.

1 Like
2

My STEM OPT is valid through June 2019. My H1b got picked and the online case status is ‘Case Received’. The immigration attorney also doesn’t have any update for me. I FEEL my HR/immigration attorney are not being proactive in communicating any information to me.

My wedding is arranged in December 2018 for which I need to travel to India.

  1. What are my chances of getting an RFE at this point? 2. What is the time frame that I should expect the decision (in case there is no RFE).3. Will Consular processing help here?Please let me know if there are other alternatives for me to travel in December.