H1B Visa Expiring in 45 days, trip to India

[harishpas]

Hi,

My Visa is expiring on Jan 31, 2014 and my employer is filing extension this week. I am not sure when will i get reciept or decision.
I have plans to visit India for a couple of weeks in Dec 2013, and will be back before Dec 31,2013. Is there any immgiration problems in POE or in indian Immigration check as i will have only 1 month visa ? Please advise.

Thanks,
Sai

[kabkaba]

You should not travel when extension of status pending. It will be better to not travel or file the extension after you return.

[harishpas]

Thanks for your responce. What will be the worst outcome if my trip is unavoidable ?

[kabkaba]

Petition may get approved without extension of status.

[raghvi]

To add, if petition gets approved without extension of status , you would need to file another extension request after re entering in Dec OR leave US and go for fresh stamping and get a new visa.

Technically speaking if you are trying to avoid visa stamping and at the same time avoiding chances of petition getting approved without a new I-94 then its best to file extension request in premium and not to travel before a decision is made on that.

This is my opinion not legal advice.