QUESTION
Will my visa application be deemed abandoned if I leave US while it is still in process?
Asked on Mar 06th, 2015 on Immigration - Texas
More details to this question:
I have an issue that has to be addressed on urgent basis and that is why I am writing this mail to you. I came to US in April 2014 on H4 visa. With lots of efforts, I was able to find a sponsor for H1b visa this year. My concern here is that I want to travel to India from 23rd April- 12th July 2015. So basically I fly just after filing my h1b visa. Say I send my application on 1st April and fly out of USA even before the lottery is conducted. I have been getting confusing responses from the consultants. Please discuss the consequences of leaving the USA with pending NEW h1b petition. Will my application get rejected or won’t I be allowed to enter USA? What will be the status on my I94? Will there be issues at the port of entry? Do I have to fly back immediately to get my H1b stamped? When do I get my work visa? When can I start working for my employer? What if I enter US and H1b petition is still in processing state. If the petition gets approved on 20th July i.e. after I come back to US, will I get new I94 along with the I797 and my new I94 will come into effect? I will be extremely grateful to you if you would answer my concerns.
2 ANSWERS
No, it will not be abandoned. You will not be able to file it as a change of status if you plan to travel while it is pending since that part of it will be abandoned if you do travel (the change of status). However, the H-1B on its merits, if selected in the lottery, will be reviewed regardless of whether you are in the US or not, as that is not a requirement. If approved, you will probably not be able to get a visa until sometime in mid-September and come and start working for the employer starting October 1.
Answered on Mar 11th, 2015 at 5:11 PM
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It depends if the company filed a change is status application or asks for Consular Processing. Generally, if you leave for a long period of time, such as you are proposing, the change of status will be denied, but the status could still be approved. Then, you would have to go to a Consulate to get the visa stamped into your passport. Then you would have to enter in H-1B status to begin work.
Answered on Mar 09th, 2015 at 2:26 PM