Is it possible to travel back with h1b

[pavanh1b]

Hello All,

I have got h1b visa for 1 year validity it expires on September 2012. If my visa gets extended in united states. I want to come back to India for 15 days and have plans to marry and take her to US on dependent VISA. Some of the folks in India who travelled to USA saying me that they will not extend your visa they just extend your I-94. If that is the case, i cannot come back to USA in Dec and cannot travel with that. I have too much confusion here, how will my visa gets extended ? Is it possible to travel back to my country and take her to USA on dependent visa ? Please suggest me anybody, i am totally confused here. Looking forward for your reply on this.

If USA issue I-94 for more than 3 years, is it necessary to extend my h1b visa or can i stay with that ?
If my visa gets extended, is it possible to come back to india and travel back to USA with that ?

Thanks and Regards,
Anreddy

[anna1234]

Visa is just for entering the USA and i94 decides how long you can stay in US. When your employer extend your H1, you will not get a new US visa but you will get the H1 approved petition (i797) and a new i94. So if you want to go India, get marry and then come back, you need to go to US consulate in India, get new stamping for you and your wife based on the new approved H1B and then come back. When you enter US you will get a new i94 based on your approved petition.

[kabkaba]

Visa (in your passport), H1 petition (I-797 approval notice) and I-94 are three different things.
Visa is needed for traveling to US from abroad and obtained from a Consulate/Embassy.
H1 petition is needed for working in the US.
I-94 is needed for staying in the US.

When your employer files an extension they will receive an extended approval notice and I-94. You can stay in the US and work as long as this remains valid. However, whenever you leave the US you will need a valid Visa to return.

In your plans, when you leave the US with petition extension but after Visa expiry, you will need to obtain H1 Visa from a US Consulate/Embassy in your home country. This is what some people call 'stamping'. You will need to show them the latest petition approval notice at that time. Your wife will have to obtain her H4 Visa anyway and both of you can go together for your Visa interview.

[pavanh1b]

Thank you very much for your answers on this thread. It made sense to me. Thanks again..