RFE issued for H4 to H1B, Can I travel to India before H1B approval?

USA H1B Visa
1

Hi,

Its a new H1B case , normal processing, filed in April, RFE is issued yesterday. I am not aware of reason for RFE and response time limit right now. I want to travel to India in December 2012.

My husband had transfered H1B this year with extension.

I have below questions,

1. Can I travel to India in this situation?

2. As my husband will go for H1B stamping while India visit, do I also need to get H4 stamping done? (I had come to USA last year on H4)

3. If my employer will respond to RFE in december, (assuming we got 90 days responce time limit) , can go India I return to USA on H4 (if my H1B is still in process)? Will it cause any impact on my H1B processing?

4. After returning to USA on H4, do we need to follow some process for H1B approval and to start work ? or It will happen automatically?

5. Will there be any problem/questions at the time of port of entry while returning to USA on H4 (if my H1B is in process/RFE) ?

Please answer asap. Thanks in advance.
1 Like
2

It is never advisable to leave the country when extension and/or change of status is pending with USCIS. There are plenty of posts that explains why it is not a good idea. If you leave the country technically the COS should get denied. If it get approved, then you will never know for sure if the status changed on Oct 1st since you violated the pending COS by leaving the country in between. It will create all sort of status issues. If you had to leave, then the best option is to return back only after Oct 1st on a valid H1B visa and start working or return back after Oct 1st in H4 visa and be a dependent.

3

It is never advisable to leave the country when extension and/or change of status is pending with USCIS. There are plenty of posts that explains why it is not a good idea. If you leave the country technically the COS should get denied. If it get approved, then you will never know for sure if the status changed on Oct 1st since you violated the pending COS by leaving the country in between. It will create all sort of status issues. If you had to leave, then the best option is to return back only after Oct 1st on a valid H1B visa and start working or return back after Oct 1st in H4 visa and be a dependent.