H1B Extension Filed - Travelling to India


smahesha

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Posted

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,

Posted

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.

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