Filing for H-1B 7th year extension in premium + travel during pending petition


collegian

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Hello, 

Here are my H-1B 6th year visa expiry dates: 

Passport visa stamp : 07/01/2018
I-797 A : 09/01/2018
Latest I-94 : 09/11/2018 

I work full time for a fairly big American company. My I-140 was approved in 2015 (EB-3) and most likely my company will apply for my visa under wage level 2 since I am a little below wage level 3. 

I have an urgent need to travel abroad in May 4th week for 2 weeks. I will most likely be left with 3-4 weeks of visa validity on my passport once I return. I have the following questions:

1) Should I opt for premium processing of my case? I have heard that chances of getting RFEs are higher in that, is that true?
2) Can I travel abroad during the fourth week of May while my H-1B extension adjudication is pending? Will I face any issues at Port of Entry during my return to the US?
3) What happens if I get a RFE for my petition? Will I still be able to travel abroad and return as per schedule?
4) What happens if the events abroad don't go as expected and I am unable to return before July 1, 2018 while my H-1B petition adjudication is pending or waiting for RFE response?
5) If my H-1B extension is approved before or during my travel abroad then do I need to get a new visa stamp on my passport before re-entering the US?

Thanks.

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  • 2 weeks later...

1) Should I opt for premium processing of my case? I have heard that chances of getting RFEs are higher in that, is that true?

--Thats a wrong information. I just did mine in premium. If any H1B extn case is weak no matter premium or normal process ,RFE is certain. 
2) Can I travel abroad during the fourth week of May while my H-1B extension adjudication is pending? Will I face any issues at Port of Entry during my return to the US? -- POE should be ok. But you may face queries while processing Extn or you may need to update/stamp again as I94 number will change from current to new entry. 
3) What happens if I get a RFE for my petition? Will I still be able to travel abroad and return as per schedule? --tricky. If you are already inside while replying RFE then I94 dates need a update. If not Extention does not even may be valid as you are not physically inside US.
4) What happens if the events abroad don't go as expected and I am unable to return before July 1, 2018 while my H-1B petition adjudication is pending or waiting for RFE response? -- :) upgrade to premium and its a better option before leaving US.
5) If my H-1B extension is approved before or during my travel abroad then do I need to get a new visa stamp on my passport before re-entering the US? -- If you have valid visa stamp while reentry you dont need new stamp. But you can show your new approval notice and make sure POE officer updates ur I94 date to new petition future date. 

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