India Travel on Valid Visa while filing for H1b Extension

[madan4job]

Hello Friends,

Need your expert opinion.

I have valid US Visa till 01 Nov 2013. I have to travel in July to india for a family function, the travel will be for 2 weeks.

My company allows us to file for H1B Extn 6 months before the expiry, as you are aware H1B Extn's take around 4 months from start. In that case i was thinking of applying for my H1B Extension June End and then travel to india on valid existing visa.

Questions,

1) Can i travel to india during this time ?

2) What if my H1B extn is approved during my stay in india ( which is unlikely but don't want to take a chance), Do i need to go for stamping there ? or as i have valid Visa can i come back without stamping ?

3) Can i still use my existing valid visa even though H1b Extn has been approved ?

Please let me know, I think to be on safer side i should file my extn once i am back in US from India visit.

Please advise.

Thanks,

Madan.

[suminarean]

I am in the same position and i posted a same kind of topic here on yesterday ,I already applied for renewal and i am leaving next week. I guess there wont be a problem in POE since we have valid stamping, but what will happen to the renewal application. Share me if you got any info regarding this.

If your current visa is issued in India, there is an option for interview waiver program and can get stamping(if approved before leaving).

[vicky112]

3) Can i still use my existing valid visa even though H1b Extn has been approved ?

yes

1) Can i travel to india during this time ?

Yes

2) What if my H1B extn is approved during my stay in india ( which is unlikely but don't want to take a chance), Do i need to go for stamping there ? or as i have valid Visa can i come back without stamping .

My advice. since ur going in july and ur h1b is valid till nov 1st, so y dont u apply for extension after coming back?

or else. apply in may or june. premium processing

[suminarean]

Vicky, In my case,

My Initial H1b is expiring in Oct 2013 and my renewal I-129 filed on July 30 2012, Still in “Initial Review” status (It’s been 5 and 1/2 months nearly). RFE responded on Dec21 (for not paying fee, but actually paid.)

In this situation I am leaving US on next week and if I left, i am pretty sure that there wont be a problem during POE since i have a valid visa till Oct 2013. But will my renewal get any issues, since my I-94 will be in closed status after i left.

Also if the renewal got approved in the time when I am in India(if at all), what steps should I take. Please advise.

[suminarean]

Vicky, In my case,

My Initial H1b is expiring in Oct 2013 and my renewal I-129 filed on July 30 2012, Still in “Initial Review” status (It’s been 5 and 1/2 months nearly). RFE responded on Dec21 (for not paying fee, but actually paid.)

In this situation I am leaving US on next week and if I left, i am pretty sure that there wont be a problem during POE since i have a valid visa till Oct 2013. But will my renewal get any issues, since my I-94 will be in closed status after i left.

Also if the renewal got approved in the time when I am in India(if at all), Can i get the I-94 date as renewed h1b date. Please advise.

[vicky112]

Vicky, In my case,

My Initial H1b is expiring in Oct 2013 and my renewal I-129 filed on July 30 2012, Still in “Initial Review” status (It’s been 5 and 1/2 months nearly). RFE responded on Dec21 (for not paying fee, but actually paid.)

In this situation I am leaving US on next week and if I left, i am pretty sure that there wont be a problem during POE since i have a valid visa till Oct 2013. But will my renewal get any issues, since my I-94 will be in closed status after i left.

Also if the renewal got approved in the time when I am in India(if at all), what steps should I take. Please advise.

some thing is missing

when ur h1b is expiring in oct 2013, y did u apply for extension now. u cannot apply before 6 months right.

when ur case is pending, its not safe to travel. make that in premium processing. u will get it in 15 days. and then u can travel with out any head aches.

[suminarean]

The work place in the initial H1b was changed after coming US. So my company applied for extension of stay with new LCA before that 6 month period. About the travel, i got my renewal approved on the day i traveled to India (Now i am in India). Can i apply for visa stamping (Interview waiver program) after my company sends me the docs required. So that i can get stamping till 2015.