7th year extension approved and travel to India

[mohan73]

Hi All,

My 6 years on H1-B complete on 1/13/2012. My PERM was filed on 1/6/2011 and is pending due to random audit. My 7th year extension has been approved with a starting date of 1/14/2012. My question is, based on this can I travel to India and get an H1-B stamped for another one year ? Currently, there is no H1-B stamping on my passport as I entered the country on L1 Visa.

Please reply, I will be thankful to you.

[Attorney_22]

Generally, as long as you possess a valid H1B I-797 Approval Notice and can evidence your continuing qualifying employment, you are eligible to apply for an H1B visa. However, you should be aware consulates, especially in India, are highly scrutinizing H1B visa applications and therefore you should be prepared to clearly document your qualifying employment. If you have additional questions, please contact a qualified U.S. immigration attorney directly.