Travelling to India while H1-B visa is filed for extension

S

svisvi

New Member
My employer has filed for H1-B extension on 4th Sept 2008. My H1-B visa expires on 11th Jan 2009. I haven't yet received the Approval for the renewal. I am travelling to India in Dec '08 and expected to arrive back to USA around the same time of the expiry (between 8th Jan and 13th Jan 2009).

I have following concerns:

1] Do I have to reach USA before 11th Jan 2009?
2] If my renewal get approved while I am in India, do I have to get H1 stamped before I reach USA?
3] What happens if my renewal is not approved and I return to USA after 11th JAN 2009?

I would really appreciate if you can answer my questions.
Thanks
 
Last edited by a moderator:
You can travel while your H-1 is pending, as it is an extension case.

It is safer to reenter after your H-1 extension is approved. Although it may be difficult for you to have the approval notice since you would be abroad, it would be helpful at the POE if you have that approval notice with you, as you are attempting to reenter on a date that is real close to your current H-1B expiry.
 
It seems your re-entry is too close to the expiry - and with the extension pending - you are at considerable risk of denial at port of entry. I would suggest you amend your travel until approval comes through.
 
Wait for your H1 approval. Once you received I-797 (H1 Approval) you can to India and when coming back to USA...show the new approval at POE and they will issue the I-94 with latest expiry date as in your new approval.

You can't come to USA after your current visa expires. I would come atleast 5 days before. If you wan't to come after Jan 11th, then you should have get new visa stamping at american consulate in India.
 
svisvi said:
My employer has filed for H1-B extension on 4th Sept 2008. My H1-B visa expires on 11th Jan 2009. I haven't yet received the Approval for the renewal. I am travelling to India in Dec '08 and expected to arrive back to USA around the same time of the expiry (between 8th Jan and 13th Jan 2009).

I have following concerns:

1] Do I have to reach USA before 11th Jan 2009?

---------------- if you dont reach US 4-5 days advance of 11th Jan 2009 then you wont have have Valid Visa stamp in your passport after 11 Jan 2009(I say 4-5 advance because of any flight delays)

2] If my renewal get approved while I am in India, do I have to get H1 stamped before I reach USA?

----------If your H1 EXT gets approved while you are out of US then you can enter BEFORE 11 Jan 2009 AND at POE show your Valid Visa stamp in passport AND H1 extension approval .
OR
If you are out of US and your H1 Visa stamp expires and your H1 extension gets approved then you need Visa stamp from US Consulate to enter US and your Employer need to send H1 approval notice and Petition papers to you. If your H1 extension is denied then you will not get Visa to enter US.


3] What happens if my renewal is not approved and I return to USA after 11th JAN 2009?
--------------------How will you return to US after 11th JAN 2009? Your Visa stamp expires on 11th JAN 2009. Can you enter US without valid Visa stamp?
I would really appreciate if you can answer my questions.
Thanks
Click to expand...

Best option is to upgrade H1 extension with premium processing and you will have H1 approval or update in your hand in 20-25 days.
 
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