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Travel While an Extension of H1B Status is Pending

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  • Travel While an Extension of H1B Status is Pending

    Hi Guys,

    I have a personal emergency at home in India and I must travel back. My H1B Visa is going to expire on Jan 28 2018 and my extension is in process.
    Due to my personal emergency my employer converted the processing to premium category but I have to travel back before my visa get expired.
    Since I am traveling back to India, what would happen to my H1B extension? Does it get cancelled? if so does my employer has to re file the extension petition while I am in India?

    Please help me to understand this situation.

    Regards,
    SAM

  • #2
    Originally posted by sammu View Post
    Hi Guys,

    I have a personal emergency at home in India and I must travel back. My H1B Visa is going to expire on Jan 28 2018 and my extension is in process.
    Due to my personal emergency my employer converted the processing to premium category but I have to travel back before my visa get expired.
    Since I am traveling back to India, what would happen to my H1B extension? Does it get cancelled? if so does my employer has to re file the extension petition while I am in India?

    Please help me to understand this situation.

    Regards,
    SAM
    The H1b petition will continue processing and will probably be approved. The H1b extension of status will be abandoned. If you get the new petition approval, you can apply for a new H1b visa abroad before coming back. If you return before your old visa expires, and you have the new petition approval already, you can enter on the old visa and present the new petition approval and you should be admitted until the expiration of the new petition. If you return on your old visa but don't have the new petition, you will be admitted only until the old petition expiration and your status will not be extended because the extension of status was abandoned. In that case, the employer will have to apply for an extension again, or you will have to leave and re-enter once you have the new petition.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Travel While an Extension of H1B Status is Pending

      My visa is expiring in July 2018 and extension is filled in Jan 2018.

      I did travel outside the country in Feb 2018 and came back. I did not know any rule about abandoning the status etc. is there anything I have to be worried about? Will my extension have any issues?

      Thanks,
      Ekta

      Comment


      • #4
        H1B expiring in Sept 2018 - Can I travel to India mid of May 2018

        Hi Guys,

        I've a similar question. My H1B is going to expire in Sept 2018 and not yet applied extension. Meanwhile can I travel to India for 2 weeks in May 2018. Your response is highly appreciated.

        Is there any visa validity to travel to India. Please suggest

        Thanks in advance,
        PrasadT

        Comment

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