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rolipoli85
11-19-2012, 04:08 PM
My H1b has expired on September 30, 2012 and my employer has applied for my extension on July 4, 2012. I haven't received my approval yet. I need to travel to India on December 23. I need to get back to US on Jan 19 . If i do not get my petition extended by DEcember 23

1. Can I travel to India with out the extension and then wait for it in India. and then once i get when i am in india will do my stamping and come back
2. If the answer to question 1 is NO then what do you'll advise as i need to travel back on December 23.

raghvi
11-19-2012, 04:55 PM
My H1b has expired on September 30, 2012 and my employer has applied for my extension on July 4, 2012. I haven't received my approval yet. I need to travel to India on December 23. I need to get back to US on Jan 19 . If i do not get my petition extended by DEcember 23

1. Can I travel to India with out the extension and then wait for it in India. and then once i get when i am in india will do my stamping and come back
2. If the answer to question 1 is NO then what do you'll advise as i need to travel back on December 23.

Its not advisabel to travel whiel an extension is pending, also, whether you get extension or not, in order for you to return to US you need to get new H1 stamping done. If you convert to premium, you should probably get the decision before Dec 23rd, but then again, with all the holidays in between it may get delayed. if for some reason your extension is denied, your stay from Sept 30th till the time you leave US will be out of status period.

This is my opinion not legal advice.

itsshanks
11-19-2012, 05:32 PM
Its not advisabel to travel whiel an extension is pending, also, whether you get extension or not, in order for you to return to US you need to get new H1 stamping done. If you convert to premium, you should probably get the decision before Dec 23rd, but then again, with all the holidays in between it may get delayed. if for some reason your extension is denied, your stay from Sept 30th till the time you leave US will be out of status period.

This is my opinion not legal advice.

raghvi said it right. A few things to add - You should upgrade to Premium processing. You still have about 5 weeks and even with the holidays you should be able to get some action on your petition. I don't think you would be out of status for the period your case is pending. There was a ruling by SC a few years back and for 180 days you can legally stay in the country while your case is pending (I got my driver's license on that basis).

rolipoli85
11-19-2012, 05:57 PM
raghvi said it right. A few things to add - You should upgrade to Premium processing. You still have about 5 weeks and even with the holidays you should be able to get some action on your petition. I don't think you would be out of status for the period your case is pending. There was a ruling by SC a few years back and for 180 days you can legally stay in the country while your case is pending (I got my driver's license on that basis).

Thank Guys, What if even after premium processing i do not get a reply from USCIS and i travel to India. Does my application become void? and i need to apply for fresh H1B from india?