H1 VISA Extension in INDIA --While 485 is pending

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dal999

Registered Users (C)
H1 VISA Extension in INDIA
My current H1 VISA has expired long time back in May 2001 and I got valid H1 paper till Jan 2003. Currently my H1 extension is in process and I am expecting the approval in couple of weeks(changed it to Premium recently).
What are my chances of getting H1 VISA extension in INDIA? Could you please let me know about any issues/concerns related to getting a VISA in INDIA?
I heard that since my VISA has expired more than a year back, I have to get it extended in INDIA.

My I-485 is pending for 16 months.

Any information/thoughts are greatly appreciated.

Thanks y'all in Advance
 
If your H1 is expired (not the passport stamp, but H1 petition paper) after you filed I-485, I don't think it's mandatory to file for H1 extension. In I-485 stage you are in a valid status anyway - no matter you have valid H1 or not. But it's always good idea to keep a valid H1 (by extending) till you get your I-485 approval (as you did already). But you don't need to go back to India and get H1 stamp for that, just having H1 papers (petition approval notice) is good enough. It's always safer to stay in USA and wait for the I-485 approval and let attorney handle the matter (in case some "out-of-status" situation happened already). In fact it's discouraged to get a non-immigrant visa on passport, when you are on the process of getting a immigrant visa - i.e green card. If you want to go India, use your AP for re-entry.
 
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Travel when 485 is pending

If I need to visit INDIA, I would like to know whether I need to have Advance Parol since my I-485 is pending for 16 months or else can I just go with my valid H1 papers and apply for H1-VISA in INDIA at chennai consulate.
 
H1 is fine

If u have not used EAD , u can use H1 to travel.
There is no problem in getting stamp from India.I did once while my I-485 was pending
 
Thank You for your reply.

Now I have to find out how long it is taking for Chennai Consulate to process H1-B VISA from the time we send it through the TTS Drop box facility.
 
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