May I leave US when waiting for RFE response?

I got the REF from end of June 2015 but my attorney made the response at Sept 15 (Crazy, I really hate that) and USCIS got the response at Sept 16. I am still waiting for the decision right now. I have a really serious thing have to do in my country and I planned to come back to my country at 4th Nov.

Do you think they can make it on time?

If I came back to my country and extends my visa (F1 visa), Does it conflict with the H1b (if I get it)?

What’s your current status in US? If you are on F-1, then have you graduated and on OPT?

Yes, my current visa status is F1 and my CPT still valid until the 2017

If your F-1 visa stamp has not expired, then:

  1. Return to US on same F-1 visa stamp
  2. Wait for your H-1 to get approved. Your COS from F-1 to H-1 will be abandoned, as you left US while it was pending.
  3. File for COS from F-1 to H-1 and wait for it to get approved (2-3 months)
  4. Once COS is approved, your status will be H-1 and you should start working on H-1.

Another option is to upgrade your H-1 to premium processing so that it gets approved before you leave on Nov 4 (all depends upon timing). Then in your home country, go for H-1 visa stamping and return on that visa stamp to work on H-1 after entering US.

thx Saurabh, my F1 visa stamp was expired. What do you mean “COS”?

When you are inside US, you file for COS (change of status) when you want to move from one immigration status like F-1 to another like H-1. This will be abandoned if you leave US while its pending. Once you return to US on F-1 visa, you will need to have COS filed in order to move to H-1 status and start working.

Keep your employer/attorney in loop about your travel plans.

Thx man. I asked my attorney and waiting for his response. so based on what you said, I can not leave US until I got the H1b result (approved or denied)

As your F-1 has expired, you will have to appear for F-1 stamping. When are you graduating?

Why not upgrade H-1 to premium processing so that it gets adjudicated before your return to US. This way you can appear for H-1 visa stamping and return on H-1 to work on the same.

thx Saurabh, I got the approval this 7th.