H1B visa expired, extension pending and need to travel to India

[rolipoli85]

My H1b has expired on September 30, 2012 and my employer has applied for my extension on July 4, 2012. I haven't received my approval yet. I need to travel to India on December 23. I need to get back to US on Jan 19 . If i do not get my petition extended by DEcember 23

1. Can I travel to India with out the extension and then wait for it in India. and then once i get when i am in india will do my stamping and come back
2. If the answer to question 1 is NO then what do you'll advise as i need to travel back on December 23.

[raghvi]

My H1b has expired on September 30, 2012 and my employer has applied for my extension on July 4, 2012. I haven't received my approval yet. I need to travel to India on December 23. I need to get back to US on Jan 19 . If i do not get my petition extended by DEcember 23

1. Can I travel to India with out the extension and then wait for it in India. and then once i get when i am in india will do my stamping and come back
2. If the answer to question 1 is NO then what do you'll advise as i need to travel back on December 23.

Its not advisabel to travel whiel an extension is pending, also, whether you get extension or not, in order for you to return to US you need to get new H1 stamping done. If you convert to premium, you should probably get the decision before Dec 23rd, but then again, with all the holidays in between it may get delayed. if for some reason your extension is denied, your stay from Sept 30th till the time you leave US will be out of status period.

This is my opinion not legal advice.

[itsshanks]

Its not advisabel to travel whiel an extension is pending, also, whether you get extension or not, in order for you to return to US you need to get new H1 stamping done. If you convert to premium, you should probably get the decision before Dec 23rd, but then again, with all the holidays in between it may get delayed. if for some reason your extension is denied, your stay from Sept 30th till the time you leave US will be out of status period.

This is my opinion not legal advice.

raghvi said it right. A few things to add - You should upgrade to Premium processing. You still have about 5 weeks and even with the holidays you should be able to get some action on your petition. I don't think you would be out of status for the period your case is pending. There was a ruling by SC a few years back and for 180 days you can legally stay in the country while your case is pending (I got my driver's license on that basis).

[rolipoli85]

raghvi said it right. A few things to add - You should upgrade to Premium processing. You still have about 5 weeks and even with the holidays you should be able to get some action on your petition. I don't think you would be out of status for the period your case is pending. There was a ruling by SC a few years back and for 180 days you can legally stay in the country while your case is pending (I got my driver's license on that basis).

Thank Guys, What if even after premium processing i do not get a reply from USCIS and i travel to India. Does my application become void? and i need to apply for fresh H1B from india?

[anilduttrathee21]

in the same boat, may be worse

Hi All,

My employer filed my extension on 18th June and as everyone I am waiting for the approval...

My VISA expired already on 30th Sep.

I need to go to India for my brothers wedding in Dec, tickets booked already for 25th Nov, returning on 27th Dec....

I need your advise what should I do in this case.
Option 1 - Go for premium processing right now , so that can get approval before my travel date,
Option 2 - wait and watch, or if not approved before travel, then go ahead with the travel plan and once approved ask my Attorney / HR to send I-797 to India and get stamped. The issue is I am going on vacation, so if I go before an decision can I still stay on my employers US office payroll or I will need to go for transfer. If not approved in time, then return plan will also suffer.
Option 3 - wait and watch, or if not approved before travel, change the travel plan (don't have much choice here, I have to be there before 5th Dec. )

Please suggest, I am confused..

[visa009]

My H1b has expired on September 30, 2012 and my employer has applied for my extension on July 4, 2012. I haven't received my approval yet. I need to travel to India on December 23. I need to get back to US on Jan 19 . If i do not get my petition extended by DEcember 23

1. Can I travel to India with out the extension and then wait for it in India. and then once i get when i am in india will do my stamping and come back
2. If the answer to question 1 is NO then what do you'll advise as i need to travel back on December 23.

You can travel to India with out extension.
But file extension in premium and get the 797 extension approved in 15 working days, allow 3 weeks.(Hopefully all goes well).
Visa appointments takes 30 days, so consider that too.

I am in a similar situation... sometimes we just need to give it a try.. .since we don't have much option if we have to go we have to go

All the best... if possible keep us posted on how well managed this