Going to india while H1 extension is in process(valid visa)

[varunjyoti]

Hi,

My H1 will expire on 30th September 2014. My extension will be filed in few days (20th may). I have to go to India in August and will come back in september before my visa expires. My employer and his lawyer says that i should not go while my extension is in process. is it right? They say i have 2 options

1) Either go for Premium processing which will be approved in 15 days.(I have to pay the fees myself)
2) Wait for extension result and then go.(It is not guaranteed that result will come before August.)

Can i really not go while my extension is in process?

Please help. I need advise on what will be the best option for me.

[raghvi]

Hi,

My H1 will expire on 30th September 2014. My extension will be filed in few days (20th may). I have to go to India in August and will come back in september before my visa expires. My employer and his lawyer says that i should not go while my extension is in process. is it right? They say i have 2 options

1) Either go for Premium processing which will be approved in 15 days.(I have to pay the fees myself)
2) Wait for extension result and then go.(It is not guaranteed that result will come before August.)

Can i really not go while my extension is in process?

Please help. I need advise on what will be the best option for me.

When are you planning to return? You can always file extension after returning back before 30-Sep-2014.

This is my opinion not legal advice.