Travel India during H1B visa extension

J

jigs_r

Registered Users (C)
Hello,

I am FTE of a good Nevada based company. My Labor and I-140 is already approved and i am in my 6th year of H1B. I and my wife (on H4B) have valid I-797 and VISA stamped till Dec 26 2011. My company is filing my H1B extension in mid of Aug. But due to some emergency, I have to travel to India. Wife is traveling on 3rd Aug. I will travel on 10th Nov and both of us will be back by 2nd Dec. I dont want to file extension on premium processing due to financial problem and company policy but will do it if there is no option at all. I heard the H1B ext can take 4 months OR more than that too....I have following questions.

1) If my extension is approved before i travel on 10th Nov, its best but i cant assume that. Lets say extension is not approved and we are back to USA on 2nd dec. At POE, he will give a new I-94 valid till 26th Dec. Do officer at the POE needs to know that my extension is in PROCESS? If he will ask me then i will say yes, but logically do we need to hide this info from him OR not?

2) Lets say i entered successfully with old VISA and my extension is approved on 10th Dec till Dec 2014. Then which I-94 will be the current one? The one i got at POE (hard copy) OR the one attached in new I-797 petition? Do i need to apply for another extension using hard copy of I-94?

3) why it is not advisable to travel while extension is in process? how it is affecting your VISA status?

I will really appreciate if you can answer this soon.

Thanks,
Jignesh.
 
jigs_r said:
Hello,

I am FTE of a good Nevada based company. My Labor and I-140 is already approved and i am in my 6th year of H1B. I and my wife (on H4B) have valid I-797 and VISA stamped till Dec 26 2011. My company is filing my H1B extension in mid of Aug. But due to some emergency, I have to travel to India. Wife is traveling on 3rd Aug. I will travel on 10th Nov and both of us will be back by 2nd Dec. I don't want to file extension on premium processing due to financial problem and company policy but will do it if there is no option at all. I heard the H1B ext can take 4 months OR more than that too....I have following questions.

1) If my extension is approved before i travel on 10th Nov, its best but i cant assume that. Lets say extension is not approved and we are back to USA on 2nd dec. At POE, he will give a new I-94 valid till 26th Dec. Do officer at the POE needs to know that my extension is in PROCESS? If he will ask me then i will say yes, but logically do we need to hide this info from him OR not?
------ When you return on 2 Dec you will be having Valid Visa stamp and officer at POE will give I-94 till Dec 26 2011. They are not going to ask if H1 extension is filed or not. FYI one can file H1 extension Before the I-94 gets expired (Petition MUST reach USCIS Before I-94 gets expired. I don't think USCIS is going to approve H1 extension in 2-3 months. if H1 gets approved when you are out of US then get the H1 extension approval notice sent to you (by your lawyer/employer) and at POE show the Valid Visa stamp AND H1 Extension approval notice at POE. Don't forget to file your wife H4 extension with your H1 extension so that both get approved same day
2) Lets say i entered successfully with old VISA and my extension is approved on 10th Dec till Dec 2014. Then which I-94 will be the current one? The one i got at POE (hard copy) OR the one attached in new I-797 petition?
--------one attached with H1 extension Approval Notice ( LAST ACTION)

Do i need to apply for another extension using hard copy of I-94?
---Why????



3) why it is not advisable to travel while extension is in process? how it is affecting your VISA status?
------Ask the answer from the person who informed you the above info
I will really appreciate if you can answer this soon.

Thanks,
Jignesh.
Click to expand...

--------
 
You must log in or register to reply here.
Top