H1 Extension Filed and Travelling to India

[kishih]

Hello there,

I am in my 5th Year of H1B, and extension filed almost 2months back, still showing status as "Invitial Review"

I have booked my Flight tickets 5 months back , is it safe to travel to India at this moment.

I have 1 week time to cancel my tickets. can you please give me an idea

Thanks a lot

[shervin143]

It is never advisable to travel when the extension is pending with USCIS. The EOS might get cancelled. Even if it gets approved, you will have two I-94 which will cause issues trying to figure out when your status will actually expire.

The normal processing time itself is 2-3 months. You have 6 months to file the extension. You can go for premium processing to get a result in 15 days.

[milda]

Agree with Shervin.
[Note:- I am sharing my views, contact your attorney for the best advice]

It is never advisable to travel when the extension is pending with USCIS. The EOS might get cancelled. Even if it gets approved, you will have two I-94 which will cause issues trying to figure out when your status will actually expire.

The normal processing time itself is 2-3 months. You have 6 months to file the extension. You can go for premium processing to get a result in 15 days.

[SJEY]

Need help

I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.

[shervin143]

The processing time is 2-3 months by normal process. If it is past 90 days, then your company attorney can take an info pass appointment with USCIS to discuss the progress of your petition. You can go for premium processing anytime.

I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.