QUESTION
Can we travel abroad while Visa is in COS processing with RFE status?
Asked on Sep 20th, 2014 on Immigration - Illinois
More details to this question:
Hi, I m having a L1 B visa which is valid till March 2015, and recently I applied for L1A visa as a change of status. Right now it got into RFE status. Can I or my wife (who is my dependent on L2) whose status change also processed along with mine, can travel to India for a short vacation and answer the RFE after our return? What are the possibilities of COS can get denied because of this travel plan?
2 ANSWERS
You cannot travel internationally while a COS is pending because you departing the US terminates the COS. If the petition is ultimately approved, it would be approved for consular processing and not as COS.
Answered on Sep 23rd, 2014 at 1:54 AM
The change of status must be denied if you leave the United States, even for a short vacation while the change of status is pending. What you are doing is called abandonment. After that point, you can have additional trouble getting an L1 visa at the US Embassy or Consulate in India. If you have an experienced immigration attorney, then I suggest you discuss all options with your attorney including an expedite. Good luck.
Answered on Sep 22nd, 2014 at 10:54 AM