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H1B Visa Expiring in 45 days, trip to India

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  • H1B Visa Expiring in 45 days, trip to India

    Hi,

    My Visa is expiring on Jan 31, 2014 and my employer is filing extension this week. I am not sure when will i get reciept or decision.
    I have plans to visit India for a couple of weeks in Dec 2013, and will be back before Dec 31,2013. Is there any immgiration problems in POE or in indian Immigration check as i will have only 1 month visa ? Please advise.

    Thanks,
    Sai

  • #2
    You should not travel when extension of status pending. It will be better to not travel or file the extension after you return.
    This is my opinion and not legal advice.

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    • #3
      Thanks for your responce. What will be the worst outcome if my trip is unavoidable ?

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      • #4
        Petition may get approved without extension of status.
        This is my opinion and not legal advice.

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        • #5
          To add, if petition gets approved without extension of status , you would need to file another extension request after re entering in Dec OR leave US and go for fresh stamping and get a new visa.

          Technically speaking if you are trying to avoid visa stamping and at the same time avoiding chances of petition getting approved without a new I-94 then its best to file extension request in premium and not to travel before a decision is made on that.

          This is my opinion not legal advice.

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