7th Year ext pending and wnating to go back to India

[gchopefull]

Hi ,

I have applied for my 7th year extension and there is a RFE on that. I am not sure what the RFE is about bec. my company does not tell me anything (they suck !!)..anyway, I want to go back to India for good. MY question is since my original 6 year visa expired on 3rd Aug and I do not have the 7th year ext. yet in my hand, I have couple of questions :

a) Can I go back to india with the old I-94 which has expiry date of 3rd Aug. Will I have any problems at the departure.

b) I have a job offer from India which involves travelling to US for business reasons. Will my delayed departure create any problems for my getting business visa for my future job.

I would appreciate if any one can help me with this.

Thanks

GCHopefull

 

[ginnu]

7th Year ext pending and wnating to go back to India
Hi ,

I have applied for my 7th year extension and there is a RFE on that. I am not sure what the RFE is about bec. my company does not tell me anything (they suck !!)..anyway, I want to go back to India for good.
---- I liked it; many are spending 50% of the time thinking about GC and living very insecure life
MY question is since my original 6 year visa expired on 3rd Aug and I do not have the 7th year ext. yet in my hand, I have couple of questions:

a) Can I go back to India with the old I-94 which has expiry date of 3rd Aug. Will I have any problems at the departure.
--No problem at departure just surrenders your I-94 at airline counter
b) I have a job offer from India, which involves traveling to US for business reasons. Will my delayed departure create any problems for my getting business visa for my future job?
---- Yes, it may create problems because your I-94 record will go to BCIS computer and it will show that you departed after I-94 expiry, if you have receipt of 7th year H1 filing have it with you because that receipt notice shows that you complied with BCIS rules/law. Discuss your option with good lawyer who knows about US consulates procedure in India, Sheela Murthy is the best as she visits Bombay US consulate in a year and Chennai consulate also. I don’t see problems because if you wished you could have stayed in US after 7th year H1 approval and you should argue with Visa officer in India to get B1/B2 visa. if you leave after you receive 7th year extension then I don’t see any problems because you will get new extended I-94 with 7th year extension that you can submit when you depart US. Regarding RFE for 7th year I suspect they may be asking of evidence of your LC filing before 365 days and employer should provide it because SWA or SESA sends a letter to lawyer with case# and PD on it, many SESA don’t send this kind of letter but lawyer or employer can always ask SWA or SESA to provide such letter that they received LC on XYZ date and SESA or SWA sends that letter if request is made.
Good Luck!!!