Travelling to India on an expired H1B visa

[rahul_usa]

Hello-

My H1 B visa is expiring on 31st December 2013 and I have received RFE for extension. I have to travel back to India for an even on 16th Jan 2014 and I am extremely wary of the fact if I will get visa back on time so that I can schedule for stamping. My I94 is expiring on 10th Jan 2014. Assuming if USCIS comes back to me with a response that denies visa extension, can I take the liberty to stay till 16th Jan and then take the flight? I see myself trapped is in this situation which puts a question mark in my mind whether I should block the ticket or not. If visa is denied then my employer will pay for the tickets and if extended then I have to dole out from my pocket. I am sequestered in this situation and looking forward for a sincere and swift reply.

Thanks

[suhasbm]

Travelling to India on an expired H1B visa

Are your sure if your I-94 is expiring on 10th Jan 2014, as you have mentioned that your H1b is valid till Dec 31st 2013. How is it possible that the I-94 is different your I-797 expire?

[rahul_usa]

Are your sure if your I-94 is expiring on 10th Jan 2014, as you have mentioned that your H1b is valid till Dec 31st 2013. How is it possible that the I-94 is different your I-797 expire?

I am absolutely sure. That is precisely the case. Can you please help with an answer/direction?

[raghvi]

I am absolutely sure. That is precisely the case. Can you please help with an answer/direction?

Well it is possible as generally they allow one to enter in US up till 10 days before petition start and stay up till 10 days after petition expiry date. But nonetheless, to answer to the question, you should leave as soon as your denial comes, or till I-94 date whichever is later, and the employer should pay the cost. If the denial comes before 16th then leave ASAP at employer's cost, if denial doesn't come before 16th then if event is really important you will have to bear the flight cost and leave on 16th.

There is no way you can control that the extension approval or denial comes before Jan 16th. You can indirectly control by upgrading to premium but with the holiday season coming up, its very unlikely that even in premium mode a decision will be made so soon.

This is my opinion not legal advice.