Travel to India when H1B extension is not approved

[NagendraMysore]

Hi All, I'm planning to travel to India next week and my extension has been received by USCIS on July 20th but still not approved. My current visa is approved till Jan 18th, 2018 and it is stamped. Is there any issue now traveling to India, if so what should I do?

[raghvi]

Hi All, I'm planning to travel to India next week and my extension has been received by USCIS on July 20th but still not approved. My current visa is approved till Jan 18th, 2018 and it is stamped. Is there any issue now traveling to India, if so what should I do?

When are you travelling and till when is your I797 valid? One challenge of leaving while an extension is pending is that even if extension petition gets approved, the extension is denied. As premium processing has resumed as of Oct 3, would suggest going for premium processing.

This is my opinion not legal advice.

[NagendraMysore]

When are you travelling and till when is your I797 valid? One challenge of leaving while an extension is pending is that even if extension petition gets approved, the extension is denied. As premium processing has resumed as of Oct 3, would suggest going for premium processing.

This is my opinion not legal advice.

I’m traveling on 11/1 and returning on 11/26 and my current I797 is valid till Jan 17. 2018. I checked with my attorney they mentioned if I get my case is approved when I’m in India then I will have to wait there until I receive my approval notice, I don’t have to go for stamping but I will require my approval notice. Better it doesn’t get approved till I return coz if the case is pending then I can travel back with current approved I 797