H4 to H1 Travel to India while H1 have RFE

H1B-PP · October 13, 2013, 11:39am

Hi Saurabh,

Need your expertise here on urgent basis. I am in US and applied H4 to H1 this year but my H1 status is still pendning &amp; it has two RFE's already. As its already mid of OCt, as my pettion is filed under PP, so I am hoping to get results in 15 days. But my attroney will take time to respond to RFE. Now I need to travel back in India due personal reasons. Can I travel back to India on H4 status and once my attorney respond to RFE then came back on H4 again? 



1. Will there be any implication on my H1 visa processing during this period?



2.  Will my H4 to H1 COS got abendent?



2. If I came back on H4 before my H1b visa got approved then do I need to file COS again?

Saurabh · October 18, 2013, 8:52pm

H-1 will continue to be processed and may get approved.
Yes, COS will be abandoned once you leave US
Yes