Travel outside US when petition filed for H4 to H1B

[paloalto]

Hi,

My employer filed for my change of status petition from H4 to H1B but we got an RFE on the petition. The employer is preparing a reply which they will submit next week, however I have an urgent family emergency for which I need to travel to India. It would be really helpful if someone could shed light on the following questions:

1. Is it possible to travel without abandoning the existing petition? Can I enter after getting the H1B visa stamped in an Indian consulate? (The employer is ok sending the approval notice to India). Can I use the approval notice to get the H1B stamped and enter on the H1B?

Any help would be much appreciated.

[raghvi]

Hi,

My employer filed for my change of status petition from H4 to H1B but we got an RFE on the petition. The employer is preparing a reply which they will submit next week, however I have an urgent family emergency for which I need to travel to India. It would be really helpful if someone could shed light on the following questions:

1. Is it possible to travel without abandoning the existing petition? Can I enter after getting the H1B visa stamped in an Indian consulate? (The employer is ok sending the approval notice to India). Can I use the approval notice to get the H1B stamped and enter on the H1B?

Any help would be much appreciated.

The H1B petition as per se does not get abandoned, what gets abandoned is the COS. So as long as you and your employer are fine with you going for the visa stamping, after getting the I797, I do not see any issues.

This is my opinion not legal advice.