My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer

Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it will not be approved with an I-94). (10.Jul.2024)

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