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10-14-2009, 05:37 AM
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Visiting India while H1B extension is pending
Hello Gurus!
I tried with no success of searching for a thread to find answer to my question. I will appreciate if anyone there can answer my question(s). What are the possible implications of travelling to india while H1B extension is pending? Here is my case: My visa expired on 30th sep. 2009 and have filed for extension on July 20th. Have not recieved extension till date. Project got over and now wanting to visit friends/relatives in India. Should I wait for extension? Or there is no harm in going for vacations? Also If I will leave USA , then I will have to get VISA stamped in India once I get the extension approval. Please guide me with your thoughts. Thanks in advance. 
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10-14-2009, 05:10 PM
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You will need a new visa to return from India, since your current visa has expired. However, unless there is work for you with the H-1B employer, it would be misrepresentation to get a visa and enter in H-1B status. If you are coming back to the US for a definite project, there should be no problem.
In your case, travel while an extension is pending just means that you will have to wait outside the US until the H-1B is approved and you have a new visa before you can return to the US.
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Elaine Martin Law Office of Elaine Martin Phone: (214) 329-4148 Toll-free phone: 1-866-318-8813 emartin@martinvisalaw.com www.martinvisalaw.com www.martinvisalaw.blogspot.com Dedicated exclusively to immigration law since 1997
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10-14-2009, 05:40 PM
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Thank you!
Quote:
What should be the point of action in case if I will be in India and I recieve a RFE on my current location and project? Technically I will be on a break at that point of time.
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10-14-2009, 07:26 PM
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Quote:
__________________
Elaine Martin Law Office of Elaine Martin Phone: (214) 329-4148 Toll-free phone: 1-866-318-8813 emartin@martinvisalaw.com www.martinvisalaw.com www.martinvisalaw.blogspot.com Dedicated exclusively to immigration law since 1997
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