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Regarding Extension of H1 Visa

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  • Regarding Extension of H1 Visa

    Hi,

    My employer has filed for my H1B extension this week. So now if I travel to India, is it possible to return or do I need till my extension is confirmed.?

    My initial visa is for 3 years from Sep -2012 to Sep -2015 and I came on in July 2014, so if I apply for extension, how many days it will take to get confirmation on my I94 extension. Will they add 21 months for which I was not here. How can I proceed on this.

    Thanks,

  • #2
    You should not travel outside the country when the extension of status is pending. The EOS can get denied and the H1B might get approved for consular process or you may receive a RFE. Extension will be granted as per the documents submitted by your employer showing how long they need your service. Recapturing the lost period in H1B is done when you reach the 6 year limit on H1B. Proper documents need to be submitted by your employer to show the period that your were outside U.S to recapture the days spend outside U.S in H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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