Any openion on expired h1 at the time of interview

[shankarn]

Hi all,
I am expecting CP interview in Madras in December.
My h1 is expiring on 14th November. But I am planning
to leave to India on 9th November. Our attorney/company
is very slow in filing my h1 extension. If not needed I don't want to
push them hard.

So can I go to intervew with expired h1 and without filing for extension?
What are the potential implications?

My wife is on h4 and her I-94 expired in May. She is leaving to India
in November to beat the 180 days period.
If her h4 extension is not filed by the time of CP interview, what are the potential implications?

Please share your openion and experience.

Thanks in advance.

[rockstar123]

If your H-1 is expiring in November, your wife's H-4 should expire in November too. It is safe to at least file the H-1 extension before you go to India and take the receipt notice along with you. My I-94 and H-1 had expired in April and my interview was on AUG25. I went with H-1 extension permit but was never asked to show at the consulate.

[shankarn]

Any openion on expired h1 at the time of interview

Thanks Rockstar123. I am planning to leave this country before expiry of the current h1
and my wife also does the same to beat that 180 days thing.

Do you think it is risky to go to the CP interview without valid h1 and without h1 extension
papers?

[nscwaiting]

IMHO: You do not have to a valid H1 for the CP interview. As long as you have been in valid status for the duration of your stay in the US, you should have no problems.

After all, does not seem to make sense to apply for an H1 just to have them cancel it at the interview.

[rockstar123]

I would still advice on applying for the extension before you leave or you can take your chances as nscwaiting seems to be suggesting. In my case it was not required to show the extension and i showed it anyway. It all depends who interviews you.