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  #1 (permalink)  
Old 09-23-2011, 10:16 AM
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Default Travel while H1 extension is still pending

Hello,
My current H1 is valid until Dec 30th 2011.My employer has files for H1 extension.USCIS received the application on August 12th.

I plan to travel to India in the second week of November.Is it safe to do so while H1 is still pending?

->What is the processing time for H1 extension?
->Can I return to US on my current H1 in the first week of december if my H1 extension is still pending?
->If my H1 extension is approved before I leave to India or while I am in India ,is it mandatory
to get stamping on new I797?
->If H1 extension is denied while I am in India can i enter with current h1 which is valid until Dec 30th?Will there be any issues at the port of entry?

-Thanks in advance!
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  #2 (permalink)  
Old 09-23-2011, 11:01 AM
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You cannot leave while the extension is pending. They say it as abandoning the application.
In Premium processing ($1225) it takes about 2weeks or less. Regular processing takes about 2-4months. Once you get the approval and leave the country you have to get it stamped. Its theoretically possible to say that you have a old visa still stamped, but in these situation its upto the POE official to make a judgement. so why take a chance.

good luck.
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  #3 (permalink)  
Old 09-26-2011, 10:50 AM
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Quote:
Originally Posted by newactuser View Post
Hello,
My current H1 is valid until Dec 30th 2011.My employer has files for H1 extension.USCIS received the application on August 12th.

I plan to travel to India in the second week of November.Is it safe to do so while H1 is still pending?

->What is the processing time for H1 extension?
->Can I return to US on my current H1 in the first week of december if my H1 extension is still pending?
->If my H1 extension is approved before I leave to India or while I am in India ,is it mandatory
to get stamping on new I797?
->If H1 extension is denied while I am in India can i enter with current h1 which is valid until Dec 30th?Will there be any issues at the port of entry?

-Thanks in advance!
I have traveled when my extension was in process, but not recently. If you have a valid stamped visa to come back, you should be fine. But, I am not sure if things have changed recently.

From recent news, even going for visa stamping is problematic nowadays.
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  #4 (permalink)  
Old 09-26-2011, 01:25 PM
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Quote:
Originally Posted by samuel5028 View Post
Thank you. Are you sure, In premium processing can we get in 2 weeks. If yes, what is the process?
USCIS will get back to you with a response in 15 days. Approval or Denial or RFE.

If you have a strong and genuine case... you would get an approval in 15 days.

I have seen responses from USCIS within 3 or 4 days.. however, 15 days is max (for approval or denail or RFE).

Good Luck!
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  #5 (permalink)  
Old 09-26-2011, 01:29 PM
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Default

Quote:
Originally Posted by snthampi View Post
I have traveled when my extension was in process, but not recently. If you have a valid stamped visa to come back, you should be fine. But, I am not sure if things have changed recently.

From recent news, even going for visa stamping is problematic nowadays.
Note that USCIS follows last action rule. If you travel out of USA and you H1B extension is denied.. that is your final status. It would be risk to come back on old visa.

Also i have read somewhere that if you trave during your H extension, USCIS may consider that as abandoning of your application. I am not sure if this is true.

In any case, I would recommend that you travel after your H extension approval.

Use the premium service ($1250 extra).. it may be worth it...

Good Luck!

PS: I am in similar situation and am using premium route. only after i hear back from USCIS in 15 days.. i am going to make my travel arrangements.
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  #6 (permalink)  
Old 09-26-2011, 08:58 PM
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Default

Quote:
Originally Posted by skpanda View Post
Note that USCIS follows last action rule. If you travel out of USA and you H1B extension is denied.. that is your final status. It would be risk to come back on old visa.

Also i have read somewhere that if you trave during your H extension, USCIS may consider that as abandoning of your application. I am not sure if this is true.

In any case, I would recommend that you travel after your H extension approval.

Use the premium service ($1250 extra).. it may be worth it...

Good Luck!

PS: I am in similar situation and am using premium route. only after i hear back from USCIS in 15 days.. i am going to make my travel arrangements.
You may be right on certain points. I am sure that USCIS won't consider your application as abandoned if you travel outside the country. You may be aware of the issues related to visa stamping. In my case, I am a permanent employee. But for people who are into consulting, it may become a big headache. So, be careful with that.
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  #7 (permalink)  
Old 04-05-2017, 09:03 PM
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Default

Quote:
Originally Posted by snthampi View Post
I have traveled when my extension was in process, but not recently. If you have a valid stamped visa to come back, you should be fine. But, I am not sure if things have changed recently.

From recent news, even going for visa stamping is problematic nowadays.
Can you share, i) when you traveled whether your h1 extension petition was approved or in pending?
ii) when you returned to US, was the extension case still in pending? when did that got approved?

Also, can the asker of this post, kindly share what happened in his case?

It will be really helpful.

Thanks!
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  #8 (permalink)  
Old 04-05-2017, 09:05 PM
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Default

Quote:
Originally Posted by newactuser View Post
Hello,
My current H1 is valid until Dec 30th 2011.My employer has files for H1 extension.USCIS received the application on August 12th.

I plan to travel to India in the second week of November.Is it safe to do so while H1 is still pending?

->What is the processing time for H1 extension?
->Can I return to US on my current H1 in the first week of december if my H1 extension is still pending?
->If my H1 extension is approved before I leave to India or while I am in India ,is it mandatory
to get stamping on new I797?
->If H1 extension is denied while I am in India can i enter with current h1 which is valid until Dec 30th?Will there be any issues at the port of entry?

-Thanks in advance!
Can you share what happened in your case? It will be really helpful to know.

Thanks in advance!

Brag
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  #9 (permalink)  
Old 09-02-2017, 01:12 AM
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kalinda090 is on a distinguished road
Default

I am confused about these question.
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