H1-stamping after extension and travel date

[sanka]

Hi

I am on H1-B visa and my visa got expired on Aug 19-2011.I got my extension approved and have a vaild I-94 until March 7 2013.I am planning to go to India for a vacation in mid January 2013 and come back in 1st week of Feb 2013.My questions is

case 1) If I Apply for a extension in Nov/Dec' 2012 in premium processing and got it approved before my travel in January ,from which date will be the new extention is valid?Will it be from March 7th or the earlier action date.In this case when i go for stamping in India during Jan'2013.I believe I will get the visa for the new extended petition right.In this scenario do you see any issues in travelling back to US before March'7(current I-797 until mar 7 2013 and new petition validity start's after Mar 7 ' 13.

case 2) What if my H1-B extention went to RFE or I am still waiting for the USCIS to respond for my extension ,when I travel to India?Will I be able to go for stamping when the new extension is still pending?

Please clarify.

Thanks
Sankar

[kabkaba]

Hi

I am on H1-B visa and my visa got expired on Aug 19-2011.I got my extension approved and have a vaild I-94 until March 7 2013.I am planning to go to India for a vacation in mid January 2013 and come back in 1st week of Feb 2013.My questions is

case 1) If I Apply for a extension in Nov/Dec' 2012 in premium processing and got it approved before my travel in January ,from which date will be the new extention is valid?Will it be from March 7th or the earlier action date.In this case when i go for stamping in India during Jan'2013.I believe I will get the visa for the new extended petition right.In this scenario do you see any issues in travelling back to US before March'7(current I-797 until mar 7 2013 and new petition validity start's after Mar 7 ' 13.

case 2) What if my H1-B extention went to RFE or I am still waiting for the USCIS to respond for my extension ,when I travel to India?Will I be able to go for stamping when the new extension is still pending?

Please clarify.

Thanks
Sankar

If case 1 happens you will be fine.

If case 2 happens, that is a problem. You should not leave the US when extension of status is pending. The petition may get approved without extension of status (without I-94). In that case if you return after the petition is approved, you will still be fine. But if you return while the petition is pending, that will be a problem.