H1B visa expiring in Oct, Petition expired

rogerhill

New Member
Dear All,

My H1B visa is expiring in Oct and my petition has expired in April.
My company has already filed for an extension back in March first week and currently USCIS is processing H1B extensions upto Feb 15th.

Can I travel to India between July and August on my un-expired visa if I do not receive the extension petition before I leave?

Thanks.
 
By petition expired, I mean that my I-797 expired at the end of April.

Would I need a valid I-797 petition even after my visa is valid for my travel to India and back?
 
You should be able to travel with the visa stamp and the receipt notice for the extension but double check with your attorney.
 
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