After my H1B cap case was filed, I traveled to India because of an emergency. After I returned, an RFE was issued, mentioning my travel dates and maintenance of F-1 status. Any suggestions on how to respond to USCIS on this RFE?

Answer

Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018)

 

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