Lavyma Posted July 29, 2015 Report Posted July 29, 2015 Dear Friends, I am in an ambiguous situation right now. My H1B I-94 validity is valid up to Oct 1st 2015 This is my 5th year of stay in US. My I-140 got approved recently but I am yet to apply for my H1B extension. I also have an unavoidable mandatory travel plan to India with tickets already booked with start and return dates as Aug 9th 2015 and Sep 9th 2015 respectively, My stamping dates in Chennai consulate are 12th and 13th of August 2015. I would be very grateful for your valuable guidance that will relieve my restlessness. Which option should I go with ? Option 1: My employer suggests me to apply for extension in premium processing and leave the country only after receiving the extension successfully, which of course may disrupt my travel plan greatly if there is an RFE. Option 2: Apply for the extension in premium and then leave to India as per the travel plan when the extension is in progress. This may lead to 2 possibilities, a) Scenario 1 - H1B has been successfully extended when I am in India and I got the approved l I-797 document from My Employer In this case, After completing my stamping with old I-797 and returning to US on Sep 9th 2015. Will I get I-94 with my New I-797 or with old I-797 ? (Or) Should I postpone the Stamping date in India till I get new I-797 copy mailed by Employer from US? b) Scenario 2 - H1B extension delayed due to RFE. Can I keep the same stamping date with my Old I-797 while my Extension is in RFE? or Should I need to postpone the stamping date till my RFE issue is resolved? Option 3: Travel to India and get the stamping done with the old I-797, enter USA with the same on Sep 9th 2015 and then apply for extension. What kind of questions will I face during stamping as well as at the Port of Entry ? Anticipating your reply at the earliest ! Thanks for your help !
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