H1B Visa valid and got RFE on H1B extension and travelled to India

[nikhil2317]

Dear Members,

I have a valid H1B visa till Sep-30-2014 and have applied an H1B extension. After appllying extension, I moved to India and now I got RFE that states that my petition was revoked due to a withdrawn request from the employer in 2013 (the date when my initial visa got stamped, that was my employer's mistake and they are submitting documents of proof).

 

Now, I wanted to travel on Aug-30-2014, so in my case, I have a valid visa & I-94 till Sept-30-2014 but H1B extension is in process.

 

Can I travel?

[rahul412]

You need to have H1 approval before you enter into US.

You can't have valid I94 when you are in India.

[nikhil2317]

Thanks for the Reply but as per the other member I can travel as my VISA is still valid for another month....please advice

 

http://forum.murthy.com/index.php?/topic/75229-travel-when-h-1b-petition-is-pending-with-5-months-valid-visa/

[rahul412]

Thanks for the Reply but as per the other member I can travel as my VISA is still valid for another month....please advice

 

http://forum.murthy.com/index.php?/topic/75229-travel-when-h-1b-petition-is-pending-with-5-months-valid-visa/

If you have a valid 797 then you can enter into US on H1.

[nikhil2317]

I have an I797 dated till 30-Sept-2014 but it was revoked in 2013 just before my VISA was stamped and I have travelled on that i797 earlier. So, is it considered valid?

[rahul412]

I have an I797 dated till 30-Sept-2014 but it was revoked in 2013 just before my VISA was stamped and I have travelled on that i797 earlier. So, is it considered valid?

You mean to say that your H1 was revoked and you entered with that same 797? If this is true then I think you are in trouble.

[nikhil2317]

My Company is filing the RFE response with the justification that they have submitted the withdrawal application by mistake. I have served the same company right from the beginning; I have the paystubs and W2. What kind of trouble are you referring to?