H1-Transfer: Need to go India Urgent

D

Deepak_99

Registered Users (C)
Hi,

My H1B (RD 10th Oct 02) was filed at TSC and still in processing. Because of a situation in family, I need to go to India urgently. Is it legally valid to leave USA and come back under such scenario ? Is there anyway by which I can accomplish this ?

Thanks for you in advance,
Deepak
 
If it is change of status from a different visa the travel will abandon the H1 application.
 
H1 Transfer

Hi Jaxen,

I am currently in H1B status only.

Please somebody tell whether is it safe to travel to India under such circumstances.

Thanks
Deepak
 
H1 Transfer: Need to travel to India

Please someone reply to this thread on whether is it safe to travel to India and come back while the H1B Transfer process going on.

I have been on H1B status during my whole stay in USA. A little more than 3 months back, I switched employers who then filed for a new H1B Approval at TSC (RD of 21 Oct 02). I have a situation in family and need to go back to the India but my H1B approval for this job has not come so far.

with Regards
and
Thanks in advance
Deepak
 
Reply to Jaxen

Hi Jaxen,

Thanks for making sure that I am fine.

However, if I leave now, I have to submit my current I-94 and when i come back, i will have a new I-94. When the H1B gets approved, I will get an extension to my old I-94. Don't you think that this way the I-94's will be in conflict ??

regards
Deepak
 
Yes

But this is easy to fix. After approval, visit the nearest POE and get the new I94 with new H1 approval/expiry date or file I102 with the nearest INS office.
 
I-94's and I102 Form

Hi Jaxen,

Thanks very much for providing me with such invaluable information. With your feedback on this forum, my hopes are raised that I can finally leave for India.

When I leave US after submitting my I-94, INS will get notified. Do you think they might abandon the H1B Approval process once they know that the candidate is outside the country ?

I checked the Form I102 for the replacement or new I-94. INS has listed various conditions on who may apply. I think I qualify under only 1 condition (if at all):
receive a corrected Form I-94 if you were issued one with
incorrect information.
Do you think that INS may disapprove my request for I102 saying they provided I-94 with correct information based on my papers when i entered the country as I recd the new approval after my entry ?

Looking forward to you reply. I am hoping to book my tickets after your reply.

With Regards
Deepak
 
H1 Transfer in Process: Need to Travel

Hi Jaxen,

Can you please reply on my query on I-94 and form I-102 issue, based on your previous answer to this thread?

I checked the Form I102 for the replacement/new I-94. INS has listed various conditions on who may apply. I think I may qualify under only 1 condition (if at all):
"receive a corrected Form I-94 if you were issued one with
incorrect information. "
Do you think that INS may disapprove my request for I102 saying they provided I-94 with correct information based on my papers when i entered the country since I recd the new approval after my entry in US?

I have checked with TSC Customer Service 2-3 times: they have maintained that I should not leave, and if I leave, I should not return until the H1B get approved.

Jaxen, your reply can help me face the serious situation in my family.

Thanks and regards
Deepak
deepakhus@yahoo.co.in
 
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