Traveling to India for H1 re-capture. Current H1 expires soon

[junkmatrix]

I am in my 6th yr of H1 and will end towards the end of Sep. I am able to re-capture from my previous travel till the middle of Nov. My employer filed for PERM in January. The application was audited earlier this month, so it is not likely getting through anytime soon. My employer is ok with me traveling to India and work remotely as needed so I can add  re-capture time to make up for any lapse in work, and I am making travel arrangements so I can be back before my 6 yr H1 expires.

 

However, my visa stamp expired and I have a valid I797. So, I will need a visa stamp. While there are too many variables to play with, one of my questions is what answer should i provide if the visa interviewer asks for evidence that I will come back to India after H1 ends. Obviously, I have intent to immigrate, but that is not a valid answer. If I say I have family ties and the interviewer looks me up, he/she will know that I have a PERM in process.

 

Did anyone have a similar situation? If so, how did you handle it?

 

Thanks.

[pontevecchio]

H1 is dual Intent and you can flaunt Immigrant Intent if you want. Hence such a question is not possible.

[junkmatrix]

Thank you very much. I did not know that before.