Leaving country on h1b extension(RFE) process

[usah1b8]

Hi,

 

 

I am on h1b since 2 years and have a valid stamping till march 2014. On December 12 2013, I have applied for h1b extension(Regular) and later upgraded to premium processing. I have got RFE and I will be submitting the required documents to attorney with in a day or two. 

 

Thing is I am planning to go India for 2 weeks from Jan 22 to Feb 4. I am having a valid visa stamping till March 2014. I spoke to my employer regarding this issue, he said it is little risky. Can you please tell me in what way it is risky and what are the consequences? Can I leave country when my h1b extension process is in progress?

 

Please let me know If I need to provide any other information.

 

Thanks

[jairichi]

Hi,

 

 

I am on h1b since 2 years and have a valid stamping till march 2014. On December 12 2013, I have applied for h1b extension(Regular) and later upgraded to premium processing. I have got RFE and I will be submitting the required documents to attorney with in a day or two. 

 

Thing is I am planning to go India for 2 weeks from Jan 22 to Feb 4. I am having a valid visa stamping till March 2014. I spoke to my employer regarding this issue, he said it is little risky. Can you please tell me in what way it is risky and what are the consequences? Can I leave country when my h1b extension process is in progress?

 

Please let me know If I need to provide any other information.

 

Thanks

You can travel to India when your extension is in progress. The issue is when does your current petition expire? If it had already expired or going to expire before your intended travel back to US then you can enter US only with your extension approval notice (I797)

[rahul412]

Hi,

 

 

I am on h1b since 2 years and have a valid stamping till march 2014. On December 12 2013, I have applied for h1b extension(Regular) and later upgraded to premium processing. I have got RFE and I will be submitting the required documents to attorney with in a day or two. 

 

Thing is I am planning to go India for 2 weeks from Jan 22 to Feb 4. I am having a valid visa stamping till March 2014. I spoke to my employer regarding this issue, he said it is little risky. Can you please tell me in what way it is risky and what are the consequences? Can I leave country when my h1b extension process is in progress?

 

Please let me know If I need to provide any other information.

 

Thanks

When does your 797 expires??

[usah1b8]

Thank you for the kind response and sorry for the late reply.

 

I came back to USA on Feb 10, 2014. My Old I-797 expires on March 25 and after coming back to USA, I got a new approval on Feb 14, 2014 which is valid from Mar 25, 2014 to Mar 24, 2017. 

 

As I did not had a new I797 approval in port of entry ,I have got I-94 till Mar 25, 2014. 

 

Please let me know If I need to go out of country again and return on new I797 to get my I-94 renewed.

 

Please suggest.