Travel to India without H1 amendment and extension

[catchgul]

Hi

My current H1B is valid till April 2013(Visa stamp has already expired) and I have an approved I-140.

I recently got promoted and on checking with my company's immigration dept, I found that the company needs to file an amendment for my title change.

They are willing to file amendment and 6+ year extension at the same time but in order to get an approval before I leave for India in Oct I need to file Premium Processing.

I have the following questions:

1) Is it necessary/better to get amendment and extension approved through Premium Processing and then go for stamping.

2) if I just go to India now and worry about the amendment and extension later, will that be an issue at the time of stamping?

3) If the employer files the amendment and extension through regular processing, is it ok for me to go to India while the application is pending?

I really need a clarification urgently coz I have decide asap and let me immigration dept know.

Thanks a lot in advance!

[catchgul]

Can someone please share their thoughts... Joef and other senior members..I'd really appreciate your inputs

[ravgopal123]

Even I have the similar issue..can some one reply to this please?

Due to some issues my LC application is stuck and I keep extending H1 every year. Right now I am in 8th year and planning to apply for 9th year extension. My 8th year H1 valid till Apr-23-2013. I heard that I can apply for the extension from180 days of it is expiry. 180 days period falls on Oct 25th 2012. I have my travel plans that were planned earlier and the tickets were booked for 25th Oct 2012, which I cannot move or postpone. My Attorney says, I need to be in the country to apply the extension and after applying the extension, get the FedEx receipt and leave the country.

My questions are :

1) Should I need to be in USA while applying for H1 extension?

2) When will USCIS cross check my I-94 exit entry, is it during the acceptance of the H1 extension papers or during the approval?

3) In worst case if the FedEx is not able to deliver before I leave the country will they deny my extension request?

4) Attorney says I need to be inside the country while applying and can leave after they receive the application, whereas my Friend is arguing that I can leave the country anytime and my attorney should be able to file the extension without me physically being inside the country...which one is true?

5) in worst case, If I appear for stamping without doing any amendments, what are the possibilities to get it?

6) If I appear for stamping with valid 797 that is valid for 5 to 6 months, will the VO raise any concerns or question or deny my stamping?

It would be very much helpful for me to decide whether I need to cancel my ticket and stay in USA till I get extension papers or should I proceed with my travel plan and my attorney can apply without me being physically inside

[killbillnew]

Even I have the similar issue..can some one reply to this please?

Due to some issues my LC application is stuck and I keep extending H1 every year. Right now I am in 8th year and planning to apply for 9th year extension. My 8th year H1 valid till Apr-23-2013. I heard that I can apply for the extension from180 days of it is expiry. 180 days period falls on Oct 25th 2012. I have my travel plans that were planned earlier and the tickets were booked for 25th Oct 2012, which I cannot move or postpone. My Attorney says, I need to be in the country to apply the extension and after applying the extension, get the FedEx receipt and leave the country.

My questions are :

1) Should I need to be in USA while applying for H1 extension?

2) When will USCIS cross check my I-94 exit entry, is it during the acceptance of the H1 extension papers or during the approval?

3) In worst case if the FedEx is not able to deliver before I leave the country will they deny my extension request?

4) Attorney says I need to be inside the country while applying and can leave after they receive the application, whereas my Friend is arguing that I can leave the country anytime and my attorney should be able to file the extension without me physically being inside the country...which one is true?

5) in worst case, If I appear for stamping without doing any amendments, what are the possibilities to get it?

6) If I appear for stamping with valid 797 that is valid for 5 to 6 months, will the VO raise any concerns or question or deny my stamping?

It would be very much helpful for me to decide whether I need to cancel my ticket and stay in USA till I get extension papers or should I proceed with my travel plan and my attorney can apply without me being physically inside

Hey.. Did you get a reply for this?