Visa expiring in 2 months, Please help on extension??

R

Raju678

Registered Users (C)
Hey Guys,
I have a quick question for you. My visa is expiring in 2 months and I have to file an extension on the basis of my I-140 receipt. I have to go to India for 2 weeks this weekend. My attorney says that we can not file extension since my I-94 information will change when I leave the country and we should file an extension
only when I get back.

I want to file my extension now so that I can get it approved and stamped while I am in India

Is there any way to take care of this scenario? An early response will be greatly appriciated.

Thanks
 
You can, of course, file for an extension before you leave, but you can only return after the expiration of your current one if the extension is approved. For that you will have to submit it using Premium Processing. However, if there are any issues or delays in the processing of your extension, you will not be able to return if your visa and I-797 are expired.

If you wait to extend your H-1B when you return from india, you can always revalidate your visa through the US State Department, once the extension is approved.
 
Thanks a lot for your response Lana,

I would just like to clarify one thing


Do you mean that I file my extension and go to India then I can not return until my current H1 expires which is in 2 months, even if my extension gets approved?

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You can, of course, file for an extension before you leave, but you can only return after the expiration of your current one if the extension is approved For that you will have to submit it using Premium Processing. However, if there are any issues or delays in the processing of your extension, you will not be able to return if your visa and I-797 are expired.

If you wait to extend your H-1B when you return from india, you can always revalidate your visa through the US State Department, once the extension is approved.


__________________
Thanks,
Lana
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No, you can of course return if your visa and I-797 are still valid when you intend to return. If they expire while you're in India, however, you'll have to wait for the extension to be approved.
 
Originally posted by Raju678
Hey Guys,
I have a quick question for you. My visa is expiring in 2 months and I have to file an extension on the basis of my I-140 receipt. I have to go to India for 2 weeks this weekend. My attorney says that we can not file extension since my I-94 information will change when I leave the country and we should file an extension
only when I get back.

I want to file my extension now so that I can get it approved and stamped while I am in India
--------- File H1 extension with premium processing and it may get approved in 20-25 days, take the H1 approval with you get H1 visa stamp based on H1 extension approval and enter with new H1Visa stamp.
Is there any way to take care of this scenario? An early response will be greatly appriciated.

Thanks
Click to expand...
 
Originally posted by Raju678
Thanks a lot for your response Lana,

I would just like to clarify one thing


Do you mean that I file my extension and go to India then I can not return until my current H1 expires which is in 2 months,
---------------- after filing H1 extension you can go to India and CAN RETURN to US before your H1 Visa stamp expires.

even if my extension gets approved?
-------------- if H1 gets approved and you take H1 extension approval with you then show your passport Vaild visa and H1 extension approval at POE and CBP officer will give you I-94 till your H1 extension approval notice.
----- If you go out with valid Visa stamp and your H1 extension is still pending if filed then you can come back to US vith valid H1 visa stamp before it expires and you will get I-94 till Visa stamp and later when you are in US then you get your H1 extension approval then it will have new I-94 attached with it and that will be your latest I-94
--------------------------------------------------------------------
You can, of course, file for an extension before you leave, but you can only return after the expiration of your current one if the extension is approved For that you will have to submit it using Premium Processing. However, if there are any issues or delays in the processing of your extension, you will not be able to return if your visa and I-797 are expired.

If you wait to extend your H-1B when you return from india, you can always revalidate your visa through the US State Department, once the extension is approved.


__________________
Thanks,
Lana
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Click to expand...
 
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