Need Urgent Help: H1B Extension Pending & Need to Travel


akund001

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My situation:

- Have been working for Employer X and Client "A" since 2011 at clients office location in Texas after my H1B approved until Nov 2012 for this client A.

- Now same Client "A" (and for same job position) asked me to move to one of their other office located in California.

- Even though my H1B was valid until Nov 2012, my employer X filed an H1B Amendment/Extension for same client A for different client location.

- My H1B Amendment/Extension was filed in March (in Premium)

- I am still working at client place in Texas. My employer convinced the client "A" that they will move me to California only when my H1B extension will get approved.

- On H1B petition, I recently received an RFE and my employer is in process of responding to the RFE.

Now, I MUST travel to India in the next week this month i.e. in April for a week and wondering what are my options. I have a valid existing visa stamp from my previous employer Y (not employer X) valid until June 2012. My questions:

1. Can I travel to India when my extension pending and return back without any issues? Is this going to affect my H1B extension?

2. If extension has approved when I am in India without I-94 (I-797 C) with consular processing can I return back to USA using my valid visa stamp from previous company Y (not current company X) and use new valid I-797 approval notice at port of entry? Any issues?

3. God forbid, if worst case happens and my H1B extension is denied by USCIS. Can I still come back to USA using my valid visa of my previous employer Y and use my existing H1B approval notice for my current employer X which is valid until November 2012?

Experts, Attorneys please please respond.

Many Thanks,

Cuser2011

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My situation:

- Have been working for Employer X and Client "A" since 2011 at clients office location in Texas after my H1B approved until Nov 2012 for this client A.

- Now same Client "A" (and for same job position) asked me to move to one of their other office located in California.

- Even though my H1B was valid until Nov 2012, my employer X filed an H1B Amendment/Extension for same client A for different client location.

- My H1B Amendment/Extension was filed in March (in Premium)

- I am still working at client place in Texas. My employer convinced the client "A" that they will move me to California only when my H1B extension will get approved.

- On H1B petition, I recently received an RFE and my employer is in process of responding to the RFE.

Now, I MUST travel to India in the next week this month i.e. in April for a week and wondering what are my options. I have a valid existing visa stamp from my previous employer Y (not employer X) valid until June 2012. My questions:

1. Can I travel to India when my extension pending and return back without any issues? Is this going to affect my H1B extension?

Since this is an amendment and not an extension, you can use your current stamping to come back.

2. If extension has approved when I am in India without I-94 (I-797 C) with consular processing can I return back to USA using my valid visa stamp from previous company Y (not current company X) and use new valid I-797 approval notice at port of entry? Any issues?

Same again

3. God forbid, if worst case happens and my H1B extension is denied by USCIS. Can I still come back to USA using my valid visa of my previous employer Y and use my existing H1B approval notice for my current employer X which is valid until November 2012?

If denied you cannot come back.

Experts, Attorneys please please respond.

Many Thanks,

Cuser2011

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