Travel to India after Filing the H1B Extension

[maha2222]

i have Valid visa till Sep 30 2015. My employer filed the H1B extension on June 3rd 2015.
Due to family emergency travelled to india.
1) what will happen to my H1b Extension ?
2) They will approve my H1B extension after travel to India?

Please advice

[shervin143]

The petition might get approved for consular processing since you left the country while EOS was in progress. If the approval comes with a new I-94, then you are all good. If the approval notice comes without a new I-94 attached to it, then your stay post Sept 30th will be considered illegal. You should leave the country and return back (on a valid H1B visa) and the newly approved petition. You will get a new I-94 at the POE which will allow you to legally stay and work for the H1B sponsor. If the petition is denied, then there isn't much you could do (other than finding a new employer or reopening the case. Either way, your stay post Sept 30 will be illegal without a new I-94).