Case with balca and travel to India

[ddewri]

Hi,

 

My perm is currently with Balca (was rejected, employer appealed and finally case is with balca), I have received H1b ext. till Oct 2014 as my perm was filed in 5th year (before 365 days).

 

My question is, is it safe to travel to India on vacation in this situation? Though I have approved H1B ext till Oct 2014 I am not very sure if travel to india with my case with Balca is safe and whether I may have trouble in visa stamping in India.

Please help!!

Thanks

Dhrub

[Attorney_11]

There is no prohibition to an individual travelling abroad while the Labor Certification of which they are the beneficiary is on appeal at BALCA, assuming they are eligible for the nonimmigrant classification and visa they require to return to the United States.