Can I visit USA again in this November. Does it make problem if "H1 Status change Petition" is RFE

praveenkumar379

Registered Users (C)
I been to US for the period June 2012 to August 2012 on B1.
During my travel, I got I-94 for 6 months starts from 7th June 2012 to 8th Dec 2012.
My employer had applied for change of status to H1B in June 2012 month.
I returned back to India in August 2012(2 months trip).
Still my H1 Petition status says RFE.

My question is, Can I visit USA again in this November 2012 on my same B1-Visa (3 months gap between my previous visit). Does it make problem for me when my "H1 Status change Petition" status is in RFE and trying to visit again.


My employer had applied ***"Change of Status" B1 to H1B in June 2012 month.


Thanks in advance,
Praveen
 
If the COS is still pending, the admitting officer at the POE may think you are entering the US on your B-1 visa to actually work.
Since you have an approved H-1 petition, why don't you apply for an H-1B visa?

I been to US for the period June 2012 to August 2012 on B1.
During my travel, I got I-94 for 6 months starts from 7th June 2012 to 8th Dec 2012.
My employer had applied for change of status to H1B in June 2012 month.
I returned back to India in August 2012(2 months trip).
Still my H1 Petition status says RFE.

My question is, Can I visit USA again in this November 2012 on my same B1-Visa (3 months gap between my previous visit). Does it make problem for me when my "H1 Status change Petition" status is in RFE and trying to visit again.


My employer had applied ***"Change of Status" B1 to H1B in June 2012 month.


Thanks in advance,
Praveen
 
Can I visit USA on B1. Does it make problem if "H1 Status change Petition" status RFE

Thank you Triple Citizen for your response,

I head and I read few post about COS, saying if one travel abroad from USA while his/her COS petition H-1B is pending then that Petition will be abandoned.

Please advice, in my situation I traveled abroad while my COS petition H-1B is pending, does it mean my petition is abandoned.
If my petition is abandoned then does my B1-Visa(Valid till year 2020 and with Multiple entry) still valid to travel?

Thank you for your advice to apply H-1B, sure I will try to apply it, but any how I have to wait for next year once the Non-immigrant quota is opened.

Thanks in advance,
Praveen
 
Can I visit USA on B1. Does it make problem if "H1 Status change Petition" status RFE

If the COS is still pending, the admitting officer at the POE may think you are entering the US on your B-1 visa to actually work.
Since you have an approved H-1 petition, why don't you apply for an H-1B visa?

Thank you Triple Citizen for your response,

I heard and I read few posts about COS, saying if one travel abroad from USA while his/her COS petition H-1B is pending then that Petition will be abandoned.

Please advice, in my situation I traveled abroad while my COS petition H-1B is pending for RFE, does it mean my petition is abandoned.
If my petition is abandoned then does my B1-Visa(Valid till year 2020 and with Multiple entry) still valid to travel?

Thank you for your advice to apply H-1B, sure I will try to apply it, but any how I have to wait for next year once the Non-immigrant quota is opened.

Thanks in advance,
Praveen
 
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