Can I Travel During Pending RFE?

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This is a generic question – Is it allowed to travel outside the US allowed during pending RFE?

The answer to the question depends on the situation and type of visa. Was RFE issued for OPT, STEM OPT or New H1B or H1B transfer or H1B extension?

Refer to the following two articles to understand the impact of Travel.

Travel while H1B Visa application is pending

Remember: With any travel vs status questions, you have to consult an attorney.

  • A student on Cap-Gap, H1B on RFE: I wait until processing is complete
  • A Student on OPT, H1B on RFE, STEM OPT is available: Travel abandons the COS petition
  • An H1B worker applying for Transfer to new Company and received RFE: Travel shouldn’t have any impact

Now, add the Visa stamping to the equation at certain instances.

So, one can’t rule out travel is while allowed while RFE is issued for a petition. But, one has to consider all the surrounding factors before deciding to travel.

 

 

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