Received H-1B RFE and may be travel to India

USA H1B Visa
1

Hi,

My employer has filed H-1B visa this year and my name has been picked up into lottery but received RFE. My employer has to do RFE reply by 20th July 2013

Is there any issue if i travel to India before replying to H-1B RFE Or when H-1B RFE is in review process? Does the USCIS cancel the application if candidate has left US?

Would like to add, this is a COS (change of status) from L-1b to H-1b.

Many thanks.

2

No. it will not affect. Only thing is you cannot enter again unless you get stamped or you earlier status is still valid.

Thanks

Vivek

3

The COS will be abandoned but H-1 will continue to be processed. In order to work on H-1, you either need to enter US on stamped H-1 visa, or enter on L-1 (assuming your L-1 employer wants you to return to US) and then file COS from L-1 to H-1.

4

Thanks Vivek & Saurabh for reply.
Do you have idea in case of L-1B too?
Since my L-1B visa and i-94 both has expired and my employer has filed the extension for me. I have replied of my L-1B RFE yesterday so just waiting for rfe reply.

Is there any issue if i travel to India when my L-1B RFE is in the process?
Does USCIS cancel the application?
If my L-1B has approved, can i enter in US ?

5

They will continue to process it. However, if you L-1 visa stamp has expired then you need to wait for L-1 extension outside US and then go for stamping and return on it.

Consult your attorney as well.