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glpartha

8th Year H1B extension & Travel to India

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Hello,

 

Situation:

1.       H1B status - My current employer initially applied for a H1B Transfer/extension in Nov 2012 and got approved till April 2015. (6 years completed as on 28th April 2015). Then my employer applied for my 7th year H1B extension in Feb 2015, got RFE & finally got approved till 28th April 2016.

 

2.       GC status – My PERM got approved in Sept 2015 & I140 got approved in Nov 2015.

 

3.       Now I’m planning to goto India in 3rd week of Jan 2016 for 6 weeks. My H1B visa stamping in the passport expired back in Mar 2013. So I would need visa stamping in India.

 

4.       I have the following options to apply for my 8th year H1B extension:

OPTION 1: Don’t initiate any H1B extension, goto India, get visa stamped till April 2016 and come in 6 weeks or so. Once back in USA then initiate the 8th year H1b extension either in premium or normal.

 

OPTION 2: Initiate 8th year H1B extension in premium processing based on approved I140. Wait until the decision is obtained & then travel to India. This would push out my travel plans in case of an RFE.

 

OPTION 3: Initiate the 8th year extension/Extension of Status (EOS) in NORMAL processing based on approved I140, then travel to India in Jan 2016. Get stamped until April 2016 and come back to USA before April 2016. Then either convert the EOS process to premium Or leave as is.

 

Questions:

1.       Are these 3 options valid? Which option would be better OR relatively less risky to pursue?

 

2.  My wife is currently in India since May 2015. Her H1B petition expired in May 2015. Can my wife apply for a new H4 application directly from India and go for the visa interview along with me? What should I do in order for her to come back to USA (preferably with me)?

 

3.  If Option 3 is implemented:

a.       Can I travel during an EOS is pending? Would it affect/result in rejection of my pending H1B petition?

 

b.      Say I have entered into USA after stamping in India, then after few months my H1b petition get approved. Would the I94 number obtained in the new petition automatically supersede the one obtained in Port of Entry without any issues OR I have to go out of USA again or something like that?

 

Please reply. Thanks in advance. 

 

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Option 1 and option 2 is good.  

 

Option 1 much safer...

Hi Rajtera,

 

Thanks for your suggestion. Can you please explain how option 1 is safer/better than option 2. I thought option 2 would be better than option 1 if not for the travel postponement.

 

Thanks.

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