H1B Extension and travel to India

[shivani142010]

Hi Group,

I just wanted to check that my current H1 is going to expire on September 29 and I have my travel plan to India for 2 weeks. If I file my H1 extension now, do I need to wait untill it is approved and then go to India or I can travel to India even during the period of my H1 extension and its approval.

Please suggest a best safe option.

Warm Regards,

Shivani

[wiweq]

To get the H1b extension approved you need to be present in H1b status. If your H1b is not approved and you left USA, your H1b may be approved but not the extension. This means I797 won't have I94 attached. In this case, you should wait for H1b approval while you are outside of USA. You should use the new I797 and get new I94 at port of entry.

In the case, if you returned back while H1b is still in process you will get the I94 at POE only till the expiry of previous H1b and later on get new I797 with no I94. This will create problem.

Best bet: Ask your employer to do H1b in PP, leave USA after getting approval or make sure its approved during your out of US stay.

More questions/ doubts? Let us know.