Travelling to India while the H1B extension is pending in RFE with Premium Processing

[Srini0557]

Hi,

My current H1B was expired in September 1st week and my employer submitted for extension of stay in premium processing few days before the expiry date. The application received at USCIS - California Service Center on 09/09/2015 and received an RFE on 09/14/2015. My employer said they submitted the RFE documents on 10/02 and after that I don't see any status update online for my case number. It is still showing as RFE was mailed on 09/14/2015 and no updates from almost a week.

I have my flight to travel to India on 10/14/2015 and I made this reservation few months ago, but my employer didn't started the extension process early. This is very important for me and I can't postpone

So my question is, can I travel outside of US while my H1B extension application is pending in RFE (premium processing)?
Will there be any issues?
Also If I travel, will it cause any issues to my H1 extension application process which is in RFE?

I am going for a 1 month vacation and I can go for stamping once I get my extension Approval. Please help me in clarifying this questions as my travel date is just 3 days away.

Thanks for all your help and I appreciate your quick response to this query!

Thanks
Srini

[raghvi]

Hi,

My current H1B was expired in September 1st week and my employer submitted for extension of stay in premium processing few days before the expiry date. The application received at USCIS - California Service Center on 09/09/2015 and received an RFE on 09/14/2015. My employer said they submitted the RFE documents on 10/02 and after that I don't see any status update online for my case number. It is still showing as RFE was mailed on 09/14/2015 and no updates from almost a week.

I have my flight to travel to India on 10/14/2015 and I made this reservation few months ago, but my employer didn't started the extension process early. This is very important for me and I can't postpone

So my question is, can I travel outside of US while my H1B extension application is pending in RFE (premium processing)?
Will there be any issues?
Also If I travel, will it cause any issues to my H1 extension application process which is in RFE?

I am going for a 1 month vacation and I can go for stamping once I get my extension Approval. Please help me in clarifying this questions as my travel date is just 3 days away.

Thanks for all your help and I appreciate your quick response to this query!

Thanks
Srini

Its important to take your employer in confidence. If you cannot postpone your travel, ask employer to mail you the extension approval petition (I797), along with relevant documents (client letter, LCA, I129 etc) to your India address. Once you have the petition, you can schedule the visa interview.

This is my opinion not legal advice.