PERM filed and pending, Can I travel to India and re-enter while it is pending?

[Samik]

Employer ABC filed my PERM/Labor application in last Week of November(Nov 23rd) 2015. My H1B Visa(same employer ABC) and I94 expires on October 3rd, 2016. I have following questions - 

 

1. Can I travel to India in May 2016 and come back to US after a stay of 3 weeks, even though the PERM is in progress?

 

2. If I get married during that stay and re-enter US, will that affect PERM process?

 

3. I recently changed my employer from XYZ to ABC, if I go back to India, do I need to get the visa stamped or the approved I-797 (Expiry Date - October 3rd, 2016) is sufficient to re-enter?

 

4. If the PERM doesnt get approved before my visa and I-94 expiry date(October 3rd, 2016), and if I have to go back to India, can I wait in India till my PERM gets approved and then file I-140 and then file for H1B extension based on I-140 approval? if yes, then once H1B gets approved based on H1B, while I am in India, do I have to wait for 1 year to re-enter US, as I have already completed 6 years of H1B stay? Or can I come back to US immediately based on H1b extension approval?

 

 

 

Thanks,

Samik

[balilanai]

1. Yes, you can travel as long and return as long as your visa is valid. PERM process has nothing to do with it.

 

2. No

 

3. As long as your visa is valid, you can re-enter. Even if it is with your previous employer.

 

4. PERM is taking 4-6 months. You will be okay.

 

>> If the PERM doesnt get approved before my visa and I-94 expiry date(October 3rd, 2016), and if I have to go back to India, can I wait in India till my PERM gets approved and then file I-140 and then file for H1B extension based on I-140 approval?

Yes you can. 

 

>>if yes, then once H1B gets approved based on H1B, while I am in India, do I have to wait for 1 year to re-enter US, as I have already completed 6 years of H1B stay?

 If you are eligible for an h1B extension and if it gets approved, then you can apply for the visa, as soon as the H1B is approved.

 

>>Or can I come back to US immediately based on H1b extension approval?

You cannot re enter on an expired visa. You will need to apply for a new visa based on the newly approved H1B

[Samik]

1. Yes, you can travel as long and return as long as your visa is valid. PERM process has nothing to do with it.

 

2. No

 

3. As long as your visa is valid, you can re-enter. Even if it is with your previous employer.

 

4. PERM is taking 4-6 months. You will be okay.

 

>> If the PERM doesnt get approved before my visa and I-94 expiry date(October 3rd, 2016), and if I have to go back to India, can I wait in India till my PERM gets approved and then file I-140 and then file for H1B extension based on I-140 approval?

Yes you can. 

 

>>if yes, then once H1B gets approved based on H1B, while I am in India, do I have to wait for 1 year to re-enter US, as I have already completed 6 years of H1B stay?

 If you are eligible for an h1B extension and if it gets approved, then you can apply for the visa, as soon as the H1B is approved.

 

>>Or can I come back to US immediately based on H1b extension approval?

You cannot re enter on an expired visa. You will need to apply for a new visa based on the newly approved H1B

 

Thanks Balilanai.

 

If I am in India and I-140 gets approved. And if company files H1B extension based on I-140 and if it gets approved, After visa stamping, do I have to wait for 1 year as my 6 years on H1B have already been completed? Or I can return immediately to US?

[jairichi]

Thanks Balilanai.

If I am in India and I-140 gets approved. And if company files H1B extension based on I-140 and if it gets approved, After visa stamping, do I have to wait for 1 year as my 6 years on H1B have already been completed? Or I can return immediately to US?

With an approved I140 you can extend H1B petition for 3 years each time. No need to wait for a year outside US. You can enter immediately after H1B petition approval.

[Samik]

With an approved I140 you can extend H1B petition for 3 years each time. No need to wait for a year outside US. You can enter immediately after H1B petition approval.

 

Thanks jairichi for your reply.

[Samik]

Thanks jairichi for your reply.

 

If I travel to India in April or May 2016 for 3 weeks, will there be any problem while coming back at the Port of Entry, as that time I will have only few months left on my H1B?

 

Also the old company's Visa stamp on my passport has expiry till 19th July 2016. So if I go for the stamping in April or May 2016, will there be any problem as that time I will have only few months left on my H1B (6 years max stay).

 

Note : I797-A petition is valid till October 3rd, 2016(due to recaptured time spent in India) but passport visa stamp has expiry date as 19th July 2016.

[jairichi]

 

 

If I travel to India in April or May 2016 for 3 weeks, will there be any problem while coming back at the Port of Entry, as that time I will have only few months left on my H1B?

 

Also the old company's Visa stamp on my passport has expiry till 19th July 2016. So if I go for the stamping in April or May 2016, will there be any problem as that time I will have only few months left on my H1B (6 years max stay).

 

Note : I797-A petition is valid till October 3rd, 2016(due to recaptured time spent in India) but passport visa stamp has expiry date as 19th July 2016.

 

No issue at all.

[Samik]

No issue at all.

Thanks jairichi for your reply