H1B extension petition approval

[h1bext]

Hi,
My company has filed a extension for my H1B. I-94 has already expired and the date on the earlier visa stamped on my passport has also expired.
Now I want to visit India and want to come back after few months.

Will my H1B extension petition valid once I go out of USA ? Suppose it does , so it will be approved after few months and I will get that valid approved petition in India though my company. Once I get that .. I will go for visa stamping in India and come back to USA.

Please describe this how it works.

[raghvi]

Hi,
My company has filed a extension for my H1B. I-94 has already expired and the date on the earlier visa stamped on my passport has also expired.
Now I want to visit India and want to come back after few months.

Will my H1B extension petition valid once I go out of USA ? Suppose it does , so it will be approved after few months and I will get that valid approved petition in India though my company. Once I get that .. I will go for visa stamping in India and come back to USA.

Please describe this how it works.

It will work more or less as as you described.

This is my opinion not legal advice.

[h1bext]

@raghvi , Can you please let me know, what do you mean when you say more or less ?

[Nattybone]

@raghvi , Can you please let me know, what do you mean when you say more or less ?

Hello, H1Bext.

You could go for stamping, but the petitions always do not get approved. Inspite of an approved petition. So, if everything goes positive, you will back in USA.

You have 240 days to stay in the US post visa and I94 expiry (when one files for an extension). If there is no decision in 240 days, you need to exit USA. So, a lot will depend on the Visa Officer where you appear for stamping.

There is never a guaranteed outcome.

Hope this helps.

Wishing you luck.

Cheers,