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Travel to India while H1b Extension in progress.

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  • Travel to India while H1b Extension in progress.

    Hi,

    My H1B VISA/I94 got expired 2 months back and I have raised extension in premium in oct 2012. Got rfe and subitted response to attorney. They holded in responding as they have huge rfe's in their queue.

    Now I am planning for vacation to India, can I travel safely with out this extension get approved ? Can I go to visa stamping in india once this is approved and received papers ?

    Do you know if there is any hassel in completing this process ?

    Please help me out.. Thanks in advance.

    Kumar.

  • #2
    You can leave the US, but since your I-94 has expired if the extension of status part of the petition gets denied, your stay beyond the I-94 date may be considered illegal.

    In order to return to the US you will need a valid petition and valid Visa.
    This is my opinion and not legal advice.

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    • #3
      Thanks for your response.

      Can I leave US without knowing approved/denied status (considering my I94 is expired) ? If Yes, what is the probabiltiy of my next interview once the application gets approved.

      Please suggest.

      Thanks
      Kamar

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