Travel to India before H1 Extension is approved.

[prithwiraj]

Hi,

I have a query. I am currently in USA on H1.

My Situation:
My I-94 expired on 1st August 2013. My company applied for my H1 extension in June 2013 before my I-94 expired.

Vermont Center had a long backlog and they finally send me an RFE notice in January. My company would be sending an response to the notice next week.

But my 240 days would be over by end of March. So probably i won't get response before that.

Questions:
1. So if i travel to India before my H1 Extension gets approved what will happens to my petition?
2. Will it be rejected because i left USA?
3. If it is not rejected but is approved, will be able to come back to US using that?

Thanks in advance.

[raghvi]

Hi,

I have a query. I am currently in USA on H1.

My Situation:
My I-94 expired on 1st August 2013. My company applied for my H1 extension in June 2013 before my I-94 expired.

Vermont Center had a long backlog and they finally send me an RFE notice in January. My company would be sending an response to the notice next week.

But my 240 days would be over by end of March. So probably i won't get response before that.

Questions:
1. So if i travel to India before my H1 Extension gets approved what will happens to my petition?
2. Will it be rejected because i left USA?
3. If it is not rejected but is approved, will be able to come back to US using that?

Thanks in advance.

Has your visa in the passport already expired?

[prithwiraj]

Yes, my visa has expired.

[raghvi]

Yes, my visa has expired.

So you would need new visa to be allowed entry to US. In order to get new visa, you would need new approved petition. Once extension petition is approved, ask employer to send it to overseas address where you can take it and go attend H1 interview.

This is my opinion not legal advice.

[prithwiraj]

So if i go back to India now, my petition won't be rejected on the grounds that i have left the country?

[raghvi]

So if i go back to India now, my petition won't be rejected on the grounds that i have left the country?

I dont think so.

This is my opinion not legal advice.