Traveling on rfe

[sunnyg19]

Hi,

I got an rfe last week for my 3 year h1 extension. I am traveling next Friday to India for my marriage. My present h1 stamping expired on sep 8 and my current approved petition is till December end. I plan to come back by end of November. I have a few questions regarding this-

1. What are the chances of approval?

2. How soon can this approval come?

3. What other options do I have?

Do I need to stay back in India and wait for this or can I come back with my earlier petition?

please help.

[scientist2016]

You say your stamping expired, which means you would need to get a visa to be able to re-enter the US. If you go with the current petition (expiring in December), for stamping in November, the chances of your getting a visa are pretty low. So, it would be better to wait until the extension is resolved.

[sunnyg19]

Hi,

Thanks for the reply. Since I am traveling to India next week, will that affect the RFE in any way?

[raghvi]

Hi,

Thanks for the reply. Since I am traveling to India next week, will that affect the RFE in any way?

Your travel per se will not affect RFE, but you have to understand that you need to get yourself a new visa to re enter US. You most likely will not get a new visa on your existing Petition which is valid only till Dec. Advisable to ask employer to respond to RFE ASAP and also to upgrade the extension request to premium so that a decision is taken quickly by USCIS.

Thanks,
VSRajput

[sunnyg19]

Thanks much for the reply. Since I filed for my extension and it's in rfe, and it's in process, I just want to ensure that the rfe won't get affected and traveling to India won't lead to any denials when I do the stamping. If you can help me with that. Thank you again.

[scientist2016]

As Raghvi mentioned, your RFE will not be affected by your travel. But you will have to wait out the RFE to be cleared to even go for stamping. Be prepared for longer wait time than planned.