Need Information regarding travel to india after applying the extension for H1B

[kalyan1216]

Hi,

I need some information please try to reply with the accurate Information. Here is my case.

I have my current H1B petition and Visa Stamping valid till March 18th 2013. I am planning to travel to india from Feb 5th to Feb 20th. So here is my questiions.

1) My Company is applying for the H1B extension next week under normal processing. Can i travel to india while my H1B extension is pending status?

2)Shall i request my Company to file the extension in premium processing and suppose in case they accept it and apply in premium processing and if i get the approval in Feb 1st week can i travel on My existing valid visa after getting the H1B extension approval (or) do i need to go for the visa stamping again in india?

In this case i have doubt while applying they will be using the existing I-94 and when i get the H1B approval i will be having the existing I-94 printed on my I-797. Suppose if i travel after getting the approval on my existing Valid visa at the Port of Entry they will issue a new I-94 again. My question is on my approved I-797 H1B extension it will be having having the existing I-94 number that will expire when i leave this country (or) when i travel on Feb 5th and while i am returning back on Feb 20th at the port of entry i will getting new I-94 number assigned to me do i (or) my company need to update USCIS about my new I-94 (or) does USCIS will be automatically get notified about my new I-94 when i get new I-94 assigned at POE? because my H1B extension approved I-797 has existing I-94 on it.

If my company Needs to notify or update my new I-94 to USCIS how much does it going to be cost?

3)Can i apply for H1B extension after i return from india on Feb 20th in premium processing? My only concern in this case is as i have only 25 remaining on my Visa(March 18th) do the officer at the port of entry will question why are you returning when your visa is almost about to expire in 25 days can i tell that my company will be applying for the extension? is this going to be valid reason?

Please try to give the accurate information. Thanks in advance.

[pontevecchio]

1. Yes. You did run this by HR?

2. You can use an existing valid visa.

3. What does visa expiry got to do with it? He will give you an I94 till March,18. He can ask you everything or nothing and presumably only you will know the answers.

It is presumptuous of you to assume you get inaccurate information in the forum.

[kalyan1216]

Thanks pontevecchio.

I have applied H1B extension in premium processing. As soon as i get the H1B approved i will travel to india may be around Feb 10th to Feb 25th. I have a valid visa till March 18th 2013.

Can i travel to India with my Existing Visa Stamping which is valid till March 18th 2013? Because i do not want to go for Visa Stamping and take risk and more over i do not have much time as i am travelling for 2 weeks.

If i can travel at the Port of Entry which I-797 i need to show the new H1B petition which is approved (or) the existing petition which is valid till March 18th 2013.

Experts need your inputs on this ASAP. Thanks in advance.

[pontevecchio]

You can come back even 2 minutes before the visa expires though you are up the creek if the plane is late. You need to show them the newer H1 petition approval as your I94 will be issued till that petition expiry. I assume you do not want to get an I94 till March 18, 2013 and then become out of status.