H1-B 7th year extension, premium processing, RFE, travel to India


spirit

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Hi,

My passport currently has a H1-B visa stamp valid until 31-Jan-2012. I have an approved I-140, and based on that applied for H1-B extension under premium processing in September 2011. I'm getting married in November 2011 so have to be in India for my wedding. My travel dates are 21-October-2011 through 24-November-2011.

Today [14-October-2011 I revceived an RFE [employee-employer relationship] and am working with my HR to get the required documents.

Now my concern is:

1) Can I leave US and re-enter as per my travel dates above during an RFE? I think I read somewhere that if the RFE results in a denial /rejection then I'll be out of status even if I've 2 more months left as per my original H1-B stamp /I-94. Is this true?

2) If I can re-enter US based on my current H1-B stamp[31-Jan-2012], do I wait until I get back in, and then respond to the RFE?

3) If the RFE results in an approval, will I have to get the visa stamped, even though my current one is valid for re-entry until Jan 2012?

Will there be any issues at the POE with RFE in process/ RFE results in denial/ or approval with out going for stamping in India?

Please advise, I'm not sure if I can change my wedding dates.

Thanks,

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