H1B Extension Filed - Travelling to India

[smahesha]

Hi,

Visa - H1B

My Visa Expiry Date is - 31-DEC-2012

Extension Application Received by USCIS on - 7-SEP-2012

Upgraded case to Premium, application received on - 8-NOV-2012

Center - California

I hope to get approval in 15 days, but just incase.. wanted to be prepared.. I am planning to travel to India on 1-DEC-2012 and return back on 5-JAN-2013 (assuming I need to go for re-stamping).

1) Can I travel to India on 1-DEC-2012, even if I dont receive approval notice by then? Would I fall out-of status? I can arrange for notice to be couriered to me overseas, so that I can go for re-stamping.

2) Do we need to apply separately for H4 premium? I have filed for my wife's H4 extension along with my case.

3) In worst case, I dont have any approval by say 25th December, can I travel back to US on 27th December with my old Visa (valid till 31st December) and extension related documentation? Would that cause any issues at PoE?

4) If I choose to stay back in India beyond 31-DEC-2012, and dont have approval in hand till then.. Can I go for stamping in Jan-2013? Once case is approved? Would that cause any issues to my status?

Appreciate your help, really confused on best course of action for me.

Thanks,

[cooldude76]

1). Yes

2). No H4 cases are also taken under premium.

3).Technically yes, not sure if you have problems at POE as u have only 4 days in your visa.

4). No while going for stamping you need the original I797 approval.

All the best.