Currently my spouse is on H4 EAD and her H1B got picked in Lottery. Employer applied her h1b as COS. She had to travel to India and she is back with H4 stamped. Now USCIS issued RFE saying my spouse went out of country after filing and asked for explanation. I know it is not suggestable to travel out when COS is in progress but she had to travel. Does this deny my spouse H1B or just the COS ? Thank you in advance.
Just the COS may be denied, doesn’t impact H1B. Work with your immigration lawyer to reply to the RFE and if there was an emergency to travel provide the reason and see if USCIS will consider.
Thank you for your reply Kalpesh.