Travel to India in June with valid H1B visa till Aug-11-2017


Raakesh

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Hello Sir/Madam ,

My visa is getting expired on Aug-11-2017 and need to travel to india for marriage on June 1-2017 returning June 26-2017 .

I am yet to file an extension and have few question on the extensions since premium processing will be stopped from April -2017 and travel to India.

 

1. Can I file for an extension now and travel to India with valid visa till Aug-11-2017. Will there be any issues returning and in extension process as my i94 will be changed while returning. (I94 filed during extension and while returning from India will be different) .

2. My employer is asking to file after returning from India in June 2017 but need to apply 2 months prior which is not possible in my case , as I will return on June 26-2017.

3. I need to apply H4 visa for my spouse after marriage in June. Is it possible with my visa expiring Aug-2017 or shall I wait for my extension to get approved.

Please help me on this as I am confused since premium processing is stopped from April -3-2017.

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If possible, apply for extension on premium processing before 31st March 2017 so you will have new extension dates if approved and with the same you can go for visa stamping in India for you and your wife. 

If not possible to apply premium before 31st March 2017, then you can go ahead India and get H4 stamping done until 11th Aug 2017 and you both can travel US together. After arriving US immediately apply for extension for both of you and your wife but on regular processing which might take some time to get approved but it's ok.

As far as I know, it's not mandatory that you need to apply 2 months prior. You just need have a receipt number before the expiry.

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On 3/21/2017 at 11:37 AM, Raakesh said:

Thank you for your reply. 

 

Is it ok if I apply my extension and then travel to India in June when extension in progress. Will it cause any issues ? My employer says we need 2 months for applying extension even if that is not the case.

You can apply and travel. No issues.

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9 hours ago, shekar11# said:

You can apply and travel. No issues.

Thanks shekar.  I have few more questions which I need help on ,

1. If I do extension before travelling to India , the new i94 will be provided at POE while returning from India ,  which won't match with the i94 submitted at the time of extension . Is that fine ?

2. Do i need to get the extension filed  receipt before travelling to India in June ?

3. Is there any possibility I will be questioned at the POE about extension and will be sent back ?

4.Will I get RFE due to this travel ?

 

Thanks in advance. 

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On 3/22/2017 at 9:11 PM, Raakesh said:

Thanks shekar.  I have few more questions which I need help on ,

1. If I do extension before travelling to India , the new i94 will be provided at POE while returning from India ,  which won't match with the i94 submitted at the time of extension . Is that fine ?

2. Do i need to get the extension filed  receipt before travelling to India in June ?

3. Is there any possibility I will be questioned at the POE about extension and will be sent back ?

4.Will I get RFE due to this travel ?

 

Thanks in advance. 

1. That should be fine.

2. Not necessary.

3. You might. But you have the answers.

4. Even if you get it, you can reply back with reason.

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