shilpasrinivas Posted February 19, 2012 Report Share Posted February 19, 2012 Hi, I am having critical situation to travel India end of this month. I got RFE for H1B extension and employer is actively working on it. Is it fine to travel while approval is pending? Link to comment
Attorney_10 Posted February 20, 2012 Report Share Posted February 20, 2012 Generally, if one's I-94 card has expired and the only basis to remain in the U.S. is the pending extension petition, then if the H1B employee travels abroad, s/he will need to wait for the H1B petition to be approved before returning to the U.S. If the H1B visa has also expired, a new one will need to be applied for and issued by the U.S. consulate. Please schedule a consultation with an experienced immigration attorney to discuss the specific issues relating to your case and the options available to you. Link to comment
shilpasrinivas Posted February 20, 2012 Author Report Share Posted February 20, 2012 Generally, if one's I-94 card has expired and the only basis to remain in the U.S. is the pending extension petition, then if the H1B employee travels abroad, s/he will need to wait for the H1B petition to be approved before returning to the U.S. If the H1B visa has also expired, a new one will need to be applied for and issued by the U.S. consulate. Please schedule a consultation with an experienced immigration attorney to discuss the specific issues relating to your case and the options available to you. Thanks much for the response. My I94 and visa both have expired in september 2011. The petition was filed in july 2011 for extension. Got upgraded to premium in jan 2012 and received RFE. However, i have critical emergency to travel next wek to india while the approval is pending. I can wait in india for the new visa before returing back. since premium procesing, it shouldnt take more than 15 days. but i am not in situation to wait for 15 days because of emergency. Can i wait in india for new visa..is it mandatory to be in usa while approval is pending? please help.. Link to comment
kalyan_ac Posted February 20, 2012 Report Share Posted February 20, 2012 You can travel but your I797 will be processed as consular processing and you will have to go to stamping before you try to return back. Link to comment
mannucool Posted February 20, 2012 Report Share Posted February 20, 2012 you can wait in india...but you need to get approval and visa stamped to come back to USA. Link to comment
shilpasrinivas Posted March 10, 2012 Author Report Share Posted March 10, 2012 HI All, I had t travel to India on 6th March 2012 while my H1B decision was pending with RFE Response review (Premium) dated 24th Feb 2012. I reached India now and on 8th March 2012, I see that my h1b extension is approved. I had no issues while traveling with expired visa to India. I am attending visa interview next week to go back... Link to comment
ak_mn_10 Posted March 13, 2012 Report Share Posted March 13, 2012 Lucky We have been waiting in India for 3 months for all the documents to arrive Can u tell me how long does it take after approval of docs for ur lawyer to receive it? Link to comment
shilpasrinivas Posted March 15, 2012 Author Report Share Posted March 15, 2012 Lucky We have been waiting in India for 3 months for all the documents to arrive Can u tell me how long does it take after approval of docs for ur lawyer to receive it? Hi AK, I carried all the supporting documents whichever I could collect from employer, attorney and client while travelling to India. Only I797 is the one which am waiting for currently.. Link to comment
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