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H1B Visa Extension Details Requested

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  • H1B Visa Extension Details Requested

    Hi,

    I am working in Houston, Tx on H1B. My visa is expiring on May 24th 2013. So I sent my H1B Visa Extension Documents to my Immigration HR Department on Last week of January 2013 and the same was sent to USCIS. I received my receipt number by first week of February 2013 and since 02/15/2013 the status shows Initial Review.

    I am eagerly waiting for my status change since February 15th 2013 but till date (17th April 2013) I did not see any progress. As I need to travel to India by 1st week of May due to health reasons, this extension approval delay is concerning me a lot. I want someone help answering the following questions.

    1. Can I expect my H1B extension approved within next 2 weeks so that I can travel to India and get visa stamping done there in Chennai and comeback by 3rd week of May 2013?

    2. If I did not see any extension status change till 05th, can I travel to India by 1st week of May 2013 and comeback to US by 15th May 2013 before my visa expiring on 24th May 2013?

    3. If I should not travel while my extension is in process, how to convert my case to premium now and how soon I can expect the status change?

    Any additional information would be of much help and appreciated.

    Thank you!!

    Arun.K.S

  • #2
    Originally posted by sarunmphil View Post
    Hi,

    I am working in Houston, Tx on H1B. My visa is expiring on May 24th 2013. So I sent my H1B Visa Extension Documents to my Immigration HR Department on Last week of January 2013 and the same was sent to USCIS. I received my receipt number by first week of February 2013 and since 02/15/2013 the status shows Initial Review.

    I am eagerly waiting for my status change since February 15th 2013 but till date (17th April 2013) I did not see any progress. As I need to travel to India by 1st week of May due to health reasons, this extension approval delay is concerning me a lot. I want someone help answering the following questions.

    1. Can I expect my H1B extension approved within next 2 weeks so that I can travel to India and get visa stamping done there in Chennai and comeback by 3rd week of May 2013? -- One cannot predict. You could upgrade to premium so that the decision will be made before your return date. Otherwise you will be able to return without a valid petition.

    2. If I did not see any extension status change till 05th, can I travel to India by 1st week of May 2013 and comeback to US by 15th May 2013 before my visa expiring on 24th May 2013? -- In principle you can, but that leaves a very small window and denial/extra question is possible on your return. Moreover, because you leave the US, the extension of status part of the petition may be denied.

    3. If I should not travel while my extension is in process, how to convert my case to premium now and how soon I can expect the status change? --It is possible to convert it. Assuming 1 week for USCIS to accept the premium request and 15 days to make a decision it will take 3 weeks. But, in case they send an RFE, it will then depend on how long your employer takes to respond to the RFE.

    Any additional information would be of much help and appreciated.

    Thank you!!

    Arun.K.S
    See above. Travel is not advisable under this situation. If unavoidable, upgrade to premium and return after it gets approved (plus allow time for Visa application).
    This is my opinion and not legal advice.

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