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H1b rfe

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Sasi_rocks

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ma friend valla wife ki h1b lottery pic indhi,file chesadu but valla wife india travel chesindhi process middle lo, now she got rfe reason is traveled india while processing.immigration vallu due to emergency ani doc file chesthunnaru,ok na approve avuthundha?if anyone knows anything pls text me,thank you.

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If your friend’s wife traveled to India while her H-1B petition was still pending, it can trigger an RFE (Request for Evidence) because travel outside the U.S. can impact the processing of a Change of Status (COS) application.

Key Points:

  1. Travel During Pending H-1B: If the petition was filed with a "Change of Status" request and she traveled, USCIS considers the COS request abandoned. The H-1B petition itself might still be approved but without a status change.

  2. Emergency Documentation: Providing evidence of an emergency for the travel can help USCIS understand the situation, but this may not automatically reinstate the COS.

  3. Possible Outcomes:

    • H-1B Approved Without COS: If approved, she must apply for an H-1B visa stamp at a U.S. consulate abroad before re-entering the U.S.
    • H-1B Denied: If USCIS doesn’t accept the justification, the petition might be denied.

Next Steps:

  • Ensure your friend provides strong supporting documents explaining the emergency (medical, family, etc.).
  • If needed, consult an immigration attorney for proper handling. Casewise.ai Lawyer database can help you connect with experienced immigration lawyers for further guidance.
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