Travel on H-1B

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jupiturn

Registered Users (C)
I am doing my J-1 waiver and I have filed for I-140 a couple of months ago. I recieved the notice of action, but the case is pending (I'm going through NIW) My current H-1B expires in July 2005. ( I complete 3 years at that time)
Two questions:
1) Can I travel to India in Jan 2005?
2) Do I need to renew my H-1B if my I-140 is pending by July 2005?
3) If yes, what do I need to do to renew my H-1B, so I can do it on my visit to India?
Thanx in advance for all y'alls help! :)
 
jupiturn said:
I am doing my J-1 waiver and I have filed for I-140 a couple of months ago. I recieved the notice of action, but the case is pending (I'm going through NIW) My current H-1B expires in July 2005. ( I complete 3 years at that time)
Two questions:
1) Can I travel to India in Jan 2005?
Yes. Do you have a H1b visa stamp on your passport ? You will need one.

2) Do I need to renew my H-1B if my I-140 is pending by July 2005?
You will need to renew H1b. You need to maintain H1b status for at least 3 yrs. Once you file I-485, you can concurrently file for EAD ( which you can use to moonlight etc.)

3) If yes, what do I need to do to renew my H-1B, so I can do it on my visit to India?
Your lawyer should be able to extend your H1b. Do you plan on changing employers ?

Thanx in advance for all y'alls help! :)
Click to expand...
You're welcome ;)
 
I am doing my J-1 waiver and I have filed for I-140 a couple of months ago. I recieved the notice of action, but the case is pending (I'm going through NIW) My current H-1B expires in July 2005. ( I complete 3 years at that time)
Two questions:
1) Can I travel to India in Jan 2005?
Yes. Do you have a H1b visa stamp on your passport ? You will need one.

>>>
a. going out of US to India via Europe > u will need a transit visa if you don't have a valid US visa stamp in your passport. some countries don't require a transit visa.
b. coming back from India to US > u will need a valid H1 stamp to enter US. and then you will not need a transit visa for europe.


2) Do I need to renew my H-1B if my I-140 is pending by July 2005?
You will need to renew H1b. You need to maintain H1b status for at least 3 yrs. Once you file I-485, you can concurrently file for EAD ( which you can use to moonlight etc.)

3) If yes, what do I need to do to renew my H-1B, so I can do it on my visit to India?
Your lawyer should be able to extend your H1b. Do you plan on changing employers ?

>>> you May do it yourself or take help from a lawyer.
you will need:
1. current wage determination from State labor dept (SWA - state workforce agency)
2. approved LCA (labor condition application)
3. file I-129 (H1 petition)
4. H1 visa/H1 status. if you are going outside US, then u will need visa to reenter

**************************
disclaimer: my personal opinion only
 
thanx and clarifications

Hey J1victim and Intmeddoc; thanx for your prompt response!
I have a valid H-1 stamp on my passport ( got it during my visit to Mumbai in Feb 2004).
The 1st three years of H1B expires on July 1st 2005.
Need these clarified before I make my travel plans:

a) Do I need to do anything with the consulate when I visit Mumbai this time in Jan 2005 ( I plan to go for 2 weeks)?

b) I am carrying my pay stubs, tax returns for last 3 years and a letter from my employer. Any other documents that I should carry with me for the port of entry ?

c) How early can I apply for an H-1 extension ?( can I do it now for expiration in July 2005?) Do I have enough time to get it done before I leave in the end of Jan 2005?

d) If I come back and apply for an extension and it is approved, do I need to get it stamped from India even if I dont plan to travel abroad till my AP is through?
 
Last edited by a moderator:
h1b and travel issues

QUOTE=jupiturn .... have a valid H-1 stamp on my passport ( got it during my visit to Mumbai in Feb 2004). The 1st three years of H1B expires on July 1st 2005. Need these clarified before I make my travel plans:

a) Do I need to do anything with the consulate when I visit Mumbai this time in Jan 2005 ( I plan to go for 2 weeks)?

>>> No


b) I am carrying my pay stubs, tax returns for last 3 years and a letter from my employer. Any other documents that I should carry with me for the port of entry ?

>>> original H1b approval notice. I just entered US via Mineapolis 2 days back and the immigration office didn't ask for any document except that he asked where i worked and in what capacity.


c) How early can I apply for an H-1 extension ?( can I do it now for expiration in July 2005?) Do I have enough time to get it done before I leave in the end of Jan 2005?

>>> H1 renewal involves 3 steps:
1. LCA (Labor Condition Application) approval. 2. H1 petition approval. 3. H1 visa revalidation.

** LCA process (form ETA9035) can be started not more than 6 months before the job start date (and may take a TOTAL of about 1 month).
** H1 petition (form I-129) can be submitted not earlier than 4 months before the job start date (takes 15 days for approval by premium processing and about 4 months by regular route).
** H Visa (form DS 156) can be revalidated at a US Consulate abroad, not earlier than 60 days before expiry date of previous H visa. If you do not plan to go outside US, then you do not need to renew your visa and you can continue work in H status


d) If I come back and apply for an extension and it is approved, do I need to get it stamped from India even if I dont plan to travel abroad till my AP is through?

>>> No. see reply above.

****************************************
disclaimer: my personal opinion only
 
Hib Transfer

I am doing a transfer of my HIB SPONSOR and my petition is pending approval.
My visa expires in 2005.
Can I travel outside the US in the meantime?
My attorney says that is ok to travel but.......
Please HELP!
 
h1b transfer and travel outside

PLLUEN said:
I am doing a transfer of my HIB SPONSOR and my petition is pending approval.
My visa expires in 2005.
Can I travel outside the US in the meantime?
My attorney says that is ok to travel but.......
Please HELP!
Click to expand...

>>> Yes you may travel. If you travel before ur transfer aproval, then your I-94 at port of entry will show the expiration date from previous H1.

for more details, ask your Q in the H1 forum here:

http://boards.immigrationportal.com/forumdisplay.php?f=186
 
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