I have approved H4 and my H1B extension (cap exempt not as a COS) is currently being processed.
I received a RFE on the H1B which my attorney will respond. I have to travel outside the country in February. Can i get my H4 stamped and re-enter or this might impact my H1B processing in any way?
Generally, travel outside the US during H1B employment for consular processing will not delay adjudication.
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Normally traveling out of the country while an H-1B extension petition is pending/being processed will not delay adjudication of the petition nor delay it in any way. That petition will be adjudicated strictly based on its own merits and nothing else.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
First and foremost, you have an immigration attorney who is not only being paid to represent you but is also the attorney who must know your plans. As to your question, I must disagree with my colleagues. Entering the US in H-4 status nullifies the H-1 extension (you cannot extend status you will not have if you enter in H-4 status) although it does not impact the H-1 petition. It just means you would have to leave the US when the petition is approved to get an H-1 visa and be admitted to the US in that status.
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