Is my Application Abandoned?

[smccarthy]

Really need some advice if someone has a second. Very scared that i'm in trouble and may have to leave my life here in the US.

I have a H1B application pending. It is currently in the 'Request for Evidence' state. I stupidly left for 2 days to Canada in April for work. I was told that it was 50/50 as to whether this would effect my case.

Would my petition have already been denied if the mistaken travel was an issue? It got through the initial acceptance phase... I can sleep with the worry.

Thank you kindly.

[raghvi]

Really need some advice if someone has a second. Very scared that i'm in trouble and may have to leave my life here in the US.

I have a H1B application pending. It is currently in the 'Request for Evidence' state. I stupidly left for 2 days to Canada in April for work. I was told that it was 50/50 as to whether this would effect my case.

Would my petition have already been denied if the mistaken travel was an issue? It got through the initial acceptance phase... I can sleep with the worry.

Thank you kindly.

Whats your current visa status in US? Was is a fresh H1? Was H1 applied as a Change of Status from your existing status to H1? What is USCIS asking for in the RFE?

If satisfactory response given to H1, the H1 petition may still gets approved but the Change of Status may get denied and then you will have to leave US , go for H1 stamping, and return on H1 stamped visa.

This is my opinion not legal advice.

[smccarthy]

Thank you so much for replying.

My current status is; i'm on OPT on a F1 visa. More specifically i'm now on the cap gap extension. It's a new H1B.

Q) Was H1 applied as a Change of Status from your existing status to H1? Yes, i guess it must have been.

The travel dates registered with immigration, and when I check https://i94.cbp.dhs.gov/I94/request.html, the dates of travel are there:
Arrival/Departure Date Port of Entry /Exit
Arrival 2014 April 15 TORONTO
Departure 2014 April 11 CHICAGO

Does this travel to canada effect the petition itself at all then? I read that the effect that it would have, was it would abandon the petition.

Thank you so much, any help is very appreciated.

[raghvi]

Thank you so much for replying.

My current status is; i'm on OPT on a F1 visa. More specifically i'm now on the cap gap extension. It's a new H1B.

Q) Was H1 applied as a Change of Status from your existing status to H1? Yes, i guess it must have been.

The travel dates registered with immigration, and when I check https://i94.cbp.dhs.gov/I94/request.html, the dates of travel are there:
Arrival/Departure Date Port of Entry /Exit
Arrival 2014 April 15 TORONTO
Departure 2014 April 11 CHICAGO

Does this travel to canada effect the petition itself at all then? I read that the effect that it would have, was it would abandon the petition.

Thank you so much, any help is very appreciated.

The petition does not get affected, but the COS may be denied. Even if COS is denied, and petition approved, you can leave US, go for stamping and return with H1 visa.

This is my opinion not legal advice.