H1B extension applied in premium - No Receipt# yet - Travel to India in 1 week ok?

[pem007]

Hi,

here is my situation.

original H1B petition valid until 09/30/15. But applied my h1B extension now

h1B extension package sent to USCIS on - 4/14/15
h1B extension package received by USCIS on - 4/15/15 @ 11AM (as per fedex tracking)

As of 4/17/15 @ 4PM - There is no receipt number received by attorney yet.

I am planning to travel to INIDIA on 4/24/15 for about a month for a relative's marriage.

Considering this situation,

1) Is it recommended to travel to INDIA?
2) will there be any problem if I travel while the extension process is pending? if yes, please explain.
3) I can postpone my travel for a week if it helps? Should I really postpone or doesn't matter ?
4) Under premium processing, the 15 day timeline starts form the day package delivered to USCIS (OR) from the day USCIS open package & enter into their system to provide a receipt# ? please explain.

If any of you were in the similar situation, Any other suggestions is really appreciated.

thanks

Prakash

[raghvi]

Hi,

here is my situation.

original H1B petition valid until 09/30/15. But applied my h1B extension now

h1B extension package sent to USCIS on - 4/14/15
h1B extension package received by USCIS on - 4/15/15 @ 11AM (as per fedex tracking)

As of 4/17/15 @ 4PM - There is no receipt number received by attorney yet.

I am planning to travel to INIDIA on 4/24/15 for about a month for a relative's marriage.

Considering this situation,

1) Is it recommended to travel to INDIA?
2) will there be any problem if I travel while the extension process is pending? if yes, please explain.
3) I can postpone my travel for a week if it helps? Should I really postpone or doesn't matter ?
4) Under premium processing, the 15 day timeline starts form the day package delivered to USCIS (OR) from the day USCIS open package & enter into their system to provide a receipt# ? please explain.

If any of you were in the similar situation, Any other suggestions is really appreciated.

thanks

Prakash

Till when is your H1 visa stamp in the passport valid?
1. Not recommended but if it is a necessity go ahead.
2. Dont see any apart from the fact that you would get I-94 only till Visa expiry and would need to re file your extension upon returning back.
3. Read point 2.
4. From the time receipt is generated.

This is my opinion not legal advice.

[pem007]

H1B extension applied in premium - No Receipt# yet - Travel to India in 1 week ok?

I did a COS last year from L1b to H1b. current H1b valid until 9/30/15 with no stamping done as I was in USA throughout. So I anyway had to go for visa stamping in INDIA, so thought it is good to go for stamping on the extension.

So, I applied my extension in premium assuming it would be processed in 15 days time, Once it is approved, I could go for visa stamping with new approved petition and come back to USA with new petition.

1) Is my above understanding correct?
2) I need to go for relative's marriage and I would like to go for it if there no issues, please suggest!

thank you for your reply.

[raghvi]

I did a COS last year from L1b to H1b. current H1b valid until 9/30/15 with no stamping done as I was in USA throughout. So I anyway had to go for visa stamping in INDIA, so thought it is good to go for stamping on the extension.

So, I applied my extension in premium assuming it would be processed in 15 days time, Once it is approved, I could go for visa stamping with new approved petition and come back to USA with new petition.

1) Is my above understanding correct?
2) I need to go for relative's marriage and I would like to go for it if there no issues, please suggest!

thank you for your reply.

1. Yes seems fairly correct.
2. I dont see a concern as long as you confident of employee's documents with respect to your extension petition, and have the documents ready for the interview (client letter etc).

On second thought I do see issues which I have seen in few cases. Your current petition is valid till 30-Sep-2015, so extension petition would be valid from 01-Oct-2015 onwards. So if you attend visa interview with old petition you would get Visa only til 30-Sep-2015, whereas if you attend with extended petition, it will eb effective only from 01-OCt-2015 onwards.

This is my opinion not legal advice.

[pem007]

1. Yes seems fairly correct.
2. I dont see a concern as long as you confident of employee's documents with respect to your extension petition, and have the documents ready for the interview (client letter etc).

On second thought I do see issues which I have seen in few cases. Your current petition is valid till 30-Sep-2015, so extension petition would be valid from 01-Oct-2015 onwards. So if you attend visa interview with old petition you would get Visa only til 30-Sep-2015, whereas if you attend with extended petition, it will eb effective only from 01-OCt-2015 onwards.

This is my opinion not legal advice.

1) As per my understanding, Once the extension is approved, it would be effective from the day it is approved(but not oct 1st 15) till the new expiry. is it not correct?
2) Also, what if an RFE comes, do you see any concern replying RFE from outside USA?
3) I have all the documents except client letter(client policy doesnt allow to issue a letter).

[raghvi]

1) As per my understanding, Once the extension is approved, it would be effective from the day it is approved(but not oct 1st 15) till the new expiry. is it not correct?
2) Also, what if an RFE comes, do you see any concern replying RFE from outside USA?
3) I have all the documents except client letter(client policy doesnt allow to issue a letter).

1. Extension is generally after the current petition expiry date onwards. Basically what you are trying to say is that you need extension beyond the current petition expiry.
2. No I dont see an issue with that, as long as employer is fine.
3. If I were you I would seriously look at this critically, and rethink travel and stamping without client letter. US consulates are pretty keen on client letters, they dont care if client policy allows it or not, if the client wants you to work for you they might as well put it in writing.

This is my opinion not legal advice.

[pem007]

1. Extension is generally after the current petition expiry date onwards. Basically what you are trying to say is that you need extension beyond the current petition expiry.
2. No I dont see an issue with that, as long as employer is fine.
3. If I were you I would seriously look at this critically, and rethink travel and stamping without client letter. US consulates are pretty keen on client letters, they dont care if client policy allows it or not, if the client wants you to work for you they might as well put it in writing.

This is my opinion not legal advice.

There are few facts that I have gathered from our last discussion. here is the complete picture.

L1B to H1B COS applied last year and h1b approved and that petition validity is from 10/01/2014 until 09/30/2015. I have changed client in Last November and there was a new LCA applied that time but not any h1b amendment. So client in my current petition does not match with the current LCA. I have also applied my extension on 20th April in premium processing. The new petition valid from date mentioned while applying is 10/01/2015.

I am planning to go india this friday(4/24), in this situation, I have below queries.

1. I have client letter, vendor letter and other documents for visa stamping. Assuming my extension petition gets approved, Do you see any issue if I travel to INDIA in the above scenario?

2. Is there a chance that my petition gets abandoned due to my travel out of USA while processing? If NO, why? ( I was told that there are some chances its gets abandoned..I dont really know why and how)

3. If I postpone my travel for about a week more(assuming my petition extension gets approved by then), Is there any real benefit ? or does not matter with my travel?

[Ramyah1]

Receipt number for H1b extension case 2015

Hi Raghvi,

Did you receive your receipt number for H1B extension case?

I have sent my docs to USCIS on 4/17/2015 for H1b extension in premium process but still i havent received the receipt number.As per the fedex they delivered on 4/18 itself. how long it takes to get the receipt number in premium case.

There are few facts that I have gathered from our last discussion. here is the complete picture.

L1B to H1B COS applied last year and h1b approved and that petition validity is from 10/01/2014 until 09/30/2015. I have changed client in Last November and there was a new LCA applied that time but not any h1b amendment. So client in my current petition does not match with the current LCA. I have also applied my extension on 20th April in premium processing. The new petition valid from date mentioned while applying is 10/01/2015.

I am planning to go india this friday(4/24), in this situation, I have below queries.

1. I have client letter, vendor letter and other documents for visa stamping. Assuming my extension petition gets approved, Do you see any issue if I travel to INDIA in the above scenario?

2. Is there a chance that my petition gets abandoned due to my travel out of USA while processing? If NO, why? ( I was told that there are some chances its gets abandoned..I dont really know why and how)

3. If I postpone my travel for about a week more(assuming my petition extension gets approved by then), Is there any real benefit ? or does not matter with my travel?

Hi,

here is my situation.

original H1B petition valid until 09/30/15. But applied my h1B extension now

h1B extension package sent to USCIS on - 4/14/15
h1B extension package received by USCIS on - 4/15/15 @ 11AM (as per fedex tracking)

As of 4/17/15 @ 4PM - There is no receipt number received by attorney yet.

I am planning to travel to INIDIA on 4/24/15 for about a month for a relative's marriage.

Considering this situation,

1) Is it recommended to travel to INDIA?
2) will there be any problem if I travel while the extension process is pending? if yes, please explain.
3) I can postpone my travel for a week if it helps? Should I really postpone or doesn't matter ?
4) Under premium processing, the 15 day timeline starts form the day package delivered to USCIS (OR) from the day USCIS open package & enter into their system to provide a receipt# ? please explain.

If any of you were in the similar situation, Any other suggestions is really appreciated.

thanks

Prakash

[sk999]

Hi Prakash,


Any update in ur case? Did u got the receipt number..I am facing same situation ..