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jigargaglani

Travelling when H1B Extended

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Hello, 

First of all thank you for replying to all questions asked on this forum. It is really helpful.

 

My scenario is, my 1st 3 yrs of H1B are expiring in Nov 2015. My employer has started the extension process. Also they have started my GC process, right now it is on initial stage and just got done with recruitment phase in PERM filing.

 

Now few questions here :

  • Can I travel to India before November and come back before my current H1B expires ?.
  • If I travel and I have approved I-797 of H1 extension, do I need to get the stamping for extension done even if I am returning before my visa expires ?.
  • If I don't travel and my wife (on H4) does, is it okay for her to return before visa expires, or I need to provide her approved I-797 of extension when she returns ?
  • With the PERM process on going, will it affect the stamping if I have to get it before I return ?

Thanks & Regards,

Jigar

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1. Yes.

2. No need for new visa stamping if your current H1B visa is valid at the time of return.

3. She can travel without any issue.

4. No.

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Hello, 

First of all thank you for replying to all questions asked on this forum. It is really helpful.

 

My scenario is, my 1st 3 yrs of H1B are expiring in Nov 2015. My employer has started the extension process. Also they have started my GC process, right now it is on initial stage and just got done with recruitment phase in PERM filing.

 

Now few questions here :

  • Can I travel to India before November and come back before my current H1B expires ?. - Yes, but if very few days are remaining on the petition, that can be a problem.
  • If I travel and I have approved I-797 of H1 extension, do I need to get the stamping for extension done even if I am returning before my visa expires ?. - Not necessary, but it is better to get it done
  • If I don't travel and my wife (on H4) does, is it okay for her to return before visa expires, or I need to provide her approved I-797 of extension when she returns ? - Same for her, see above. If she returns using old petition, her I-94 will expire in November and she will have to file I-539 before it expires.
  • With the PERM process on going, will it affect the stamping if I have to get it before I return ? - No, it iwll not matter.

Thanks & Regards,

Jigar

See above

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If you travel outside of US the extension process may be delayed(I know someones process was stopped you have to call the uscis and submit  the new i94 for the process to resume).

 

You & your wife can return to US with even 10 days remaining on your visa or even less as long as you have valid stamping on it.

 

Not sure about the 2nd question.

4th question, I have friends who went for stamping with 140 approved and had no issues.

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1. Yes.

2. No need for a new stamp if the current one is valid.

3. She can travel. Her I94 on return will be till your current H1 petition expiry and you will then need to file her extension once she is here based on your pending H1 extension.

4. H1 is dual intent.

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