Can I apply for H1B extension and travel outside USA

[amol1981]

Hi,

I have valid H1B visa till Dec-2017 but since my brothers marriage fixed need to travel in November-2017 ( will return back US on 19th Nov).
I heard we can process H1B extension 6 months ahead of time, but worried if it didnt come by November, so can I travel in this extension period ?
I have few plans , please let me know which one will best for me.

1. Can I asked my employer to start processing visa extension in July 2017 and travel in November 2017 even if it didn't come ?
2. OR shall I wait till 19th November and asked employer to file once back to US ?
3. OR asked my employer to start processing in October 2017 (Just 3 months ahead of time) ?

Please suggest me. Appreciate your support.

[raghvi]

Hi,

I have valid H1B visa till Dec-2017 but since my brothers marriage fixed need to travel in November-2017 ( will return back US on 19th Nov).
I heard we can process H1B extension 6 months ahead of time, but worried if it didnt come by November, so can I travel in this extension period ?
I have few plans , please let me know which one will best for me.

1. Can I asked my employer to start processing visa extension in July 2017 and travel in November 2017 even if it didn't come ?
2. OR shall I wait till 19th November and asked employer to file once back to US ?
3. OR asked my employer to start processing in October 2017 (Just 3 months ahead of time) ?

Please suggest me. Appreciate your support.

Would advise filing extension after your return.

This is my opinion not legal advice.

[amol1981]

Thanks raghavi ,
But if I apply extension in November it will take another few months for extension right and my visa valid till Dec-17 ?
I thought if I can get in 3-4 months after applying in June , I can do stamping also in November. Typically how long it takes for extension approval once applied ?

[raghvi]

Thanks raghavi ,
But if I apply extension in November it will take another few months for extension right and my visa valid till Dec-17 ?
I thought if I can get in 3-4 months after applying in June , I can do stamping also in November. Typically how long it takes for extension approval once applied ?

With premium processing stopped, no clear trend has appeared off late, if you want to risk it, go for it.

This is my opinion not legal advice.

[amol1981]

With premium processing stopped, no clear trend has appeared off late, if you want to risk it, go for it.

This is my opinion not legal advice.

You mean its a risk to go out off India during extension even visa is valid ?

[raghvi]

You mean its a risk to go out off India during extension even visa is valid ?

The risk is that extension may not be approved with new I-94 as you left while it was pending.

This is my opinion not legal advice.

[amol1981]

Thanks raghvi,
I am deciding to file extension after my return from India which is 19th Nov. But since my visa is valid till 31st Dec , will there be problem at POE ?

[raghvi]

Thanks raghvi,
I am deciding to file extension after my return from India which is 19th Nov. But since my visa is valid till 31st Dec , will there be problem at POE ?

I dont think so.

This is my opinion not legal advice.