Travel to Indian when Ammendment and Extension is processing.


vikas917

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Currently I am having a H1-b visa Valid until 30 Sep 2016.  Now my project is getting changed  (on a new location) so my employer has filled for amendment and extension under normal processing.  My questions is -

 

Once I got the receipt notice of amendment and extension, Can I travel to India for a week and come back on my current Visa which is valid until Sep 2016 ?

 

Please suggest.

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Hi All,

 

I have a situation I need your help on.

 

So my current h1 B expires on 7/13/16. My Perm was filed on 12/2/15. I spent about 28 days abroad earlier this year which I intend to recapture. Given that I don’t have an approved I 140, I  need to travel outside for approx. 3-4 months and recapture that time to make up for the difference . What approach between the two below is better?

 

1] File the H-1B petition on 5/12 to recapture the 28 days I spent abroad to bring my H-1B limit to 8/13, and then return to the US on 8/1 so that I can file a second H-1B petition that recaptures the time I spend abroad. Based on this, I would have spent 80 days abroad between 5/13 and 8/1, which will allow me to accumulate 80 days of unused H-1B time. When I return to the US on 8/1, I could file a petition to extend my H-1B limit to 11/1/2016, which could be enough to get an approved PERM and I 140 but not enough time to push out my H-1B limit beyond the amount needed to qualify for additional extensions since Perm was filed on 12/2/15. I might have to go abroad again and file a third petition to recapture more time.

 

2] Go abroad ASAP so that I can accumulate as much time as possible. Assuming I leave next weekend, I can accumulate 66 days abroad between 5/6 and 7/13 H-1B limit, which when added to my previous 28 days yields a total of 100 days of unused H-1B time. Counting backward 100 days from 12/3/2016, I can leverage 100 days abroad to come back to the US on 8/31/2016. This would involve a consular notification since I will be abroad post my original visa expiration. Is this risky?  

 

Which one of the above is a safer approach? Please let me know if it’s easier to talk over the phone/ meet in person today?

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