3 months left on H1B & stamping possible


nthaccker

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Hi all , 

 

I am on my 7th year H1B extension (based on approved I140) and my H1B visa expires Sep 30th 2016. I am planning to visit India in mid-June. 

 

This is my first visit to India after transferring from F1 to H1 (last visit to India was 9 years back when i was on F1) so i don't have a stamped H1B on my passport. 

 

Now since i will have only have close to 3 months left on my current H1B ; June to Sep (even though i am eligible for 8th year extension) and not a single previous H1B stamped will it create a problem ?

Will they say you have only 3 months left why do you want to go back to US ?

Is it possible for them to deny ?

 

Any help as i am very nervous. 

 

Thanks

Regards 

Nishant 

 

 

 

 

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Hi Pontevecchio , 

 

Thanks for your reply . My lawyer is saying it's advisable to file the extension and then plan the visit 

 

Per lawyer : I can travel even when my H1B extension is in process as long as the current H1B is valid the day i go for stamping . 

 

Is this a valid statement : can we travel when H1B extension is in process ?

 

Thoughts please 

 

Thanks

Nishant 

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  • 10 months later...

I have booked tickets for Vacation to India from May 5th, 2017 till May 29th, 2017. My current H1B 797 approval notice is Valid till September 14th, 2017. And my H1b Visa stamping was valid till Oct 2016, That means I don't have valid stamping currently. So If I travel to India, I need to go for Dropbox or Interview to get my Visa Stamped to renter USA after vacation. However, from 5th May till  September 14th, only 3 -4 months are remaining on the 797 approval notice, so just wanted to know, is it safe to travel to India. Will USCIS give me visa stamping for 3 months or there can be issues. Please advise? Also my employer is suggesting not to file extension while travelling. Once I return from India, then only it is safe to file extension. Any suggestions will be greatly appreciated.

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  • 1 year later...

Hi I am a resident physician in training. My H1B initially approved for 1 year for 2016 2017 which was stamped before the start oy residency . Have a valid I 797 for 2017 to 2018. I currently on vacation and was eligible for drop box, the consulate asked for any scanned copy showing petition after june 2018. My petition for 2018 2019 has been filed and is in process. I am asked to come for an interview.

kindly suggest what exactly they are looking for

thanks

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