Emergency Travel to India while H1-B extension is in progress

[VijaySri]

Hello All,

My current H1-B is expiring on Aug30th of this year. I also have my visa until then. My company has applied for H1-B extension around a month ago under normal processing. We didn't hear back anything yet form USCIS.

I am travelling to India today due to an emergency and will be returning back in a couple of weeks. Now what will happen to my H1-B extension application and will I be able to come back in couple of weeks on my current visa?

Please advice me on this.

Thanks!!!

Vijay

[wiweq]

Two options:

1. ASAP, make it PP. Within 15 calendar days you will get any result i.e. RFE or approval. Beneficiary can also pay the PP fees (~$1200).

2. Stay in India until your new H1b is approved. Because you are outside of USA, your extension will be denied and this will result I797 with no I94 attached. But, you can get the related I94 at POE after showing new I797 to them.

[animesh42001]

I have a similar question on travelling when my H1 extension is in process:

I am on H1B which is valid till 17th Oct 2012 and my I-94 is also valid till 17th Oct 2012. Now I am filing for extension which should be filed to USCIS within next 10 days. Now, I have to travel to Philliphines on 17th Sept and come back to US on 5th Oct 2012 (12 days before my H1 expiration). My Questions are:

1. Can I travel outside US when my extension is in progress? My old visa is valid anyway.

2. Can I come back to US on old Visa as I dont expect my new H1-Extension to get approved by that time.

3. If my H1 extension gets approved by that time and I wont have new stamping, can I come back on old visa and stamping which anyway is valid till 17th Oct 2012. What are the complications?

4. Is there any risk in coming back at Port of Entry or even at departure in Philliphines in any of these scenarios.

Please guide me so that I can take a informed decision. Thanks.