H1B-travel to India w/o renewing visa

[vrkravi]

Hi all,

My current H1B is valid until June 17, 2009. My employer has filed for H1B extension which would be valid until Dec 2009. I should be getting the new I797 hopefully by May10 or so (premium processing).

Under such situation, can I leave US to India after I get the new I797 and come back BEFORE June 17(current H1B expiry date) without having to renew my H1B visa in India?

I do not want to renew my H1B visa as they may delay me under 221g.

1. Will there be any problem while boarding the flight in India?
2. Will there be any problem at the port of entry in the US?
3. Can I leave US before getting my new I797 hoping that it will be approved ad come back before June 17?

Any responses would be greatly appreciated.

Thanks
Ravi.

[kabkaba]

Hi all,

My current H1B is valid until June 17, 2009. My employer has filed for H1B extension which would be valid until Dec 2009. I should be getting the new I797 hopefully by May10 or so (premium processing).

Under such situation, can I leave US to India after I get the new I797 and come back BEFORE June 17(current H1B expiry date) without having to renew my H1B visa in India?

I do not want to renew my H1B visa as they may delay me under 221g.

1. Will there be any problem while boarding the flight in India?
Airline people may want to see your visa and show them your valid petition approval notice in case they ask.
2. Will there be any problem at the port of entry in the US?
You should be able to enter before visa expiry without any trouble. If they ask when will you get a new visa, tell them when I travel out of US again.
3. Can I leave US before getting my new I797 hoping that it will be approved ad come back before June 17?
This is not advised, since H1B extension petition includes a extension of stay also.
Any responses would be greatly appreciated.

Thanks
Ravi.

Answers above.

[vrkravi]

Re-entering US when I797 is under processing

Thanks for your response. I did not explain my third question clearly. This is my situation. Could you please respond to this.

I have a H1B visa which is valid till June 17, 2009. My wife has a H4 visa with the same validity. We both are citizens of India.

My H1B extension (till December 2009) is under processing in USCIS.

1. Can me and my wife travel to India and come back to the US in May 2009 WITHOUT my NEW I797.(Current visa expiry date: June 17, 2009). I do have my CURRENT I797.

Thanks
Ravi.

Answers above.

[txh1b]

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