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Travel to India after H1-B extension filing and before receiving receipt

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  • Travel to India after H1-B extension filing and before receiving receipt

    My current H1-B petition and I-94 are valid till December 31st, 2015 and my employer is likely to file an H1-B extension (regular processing) in the next couple of weeks.

    Could you let me know if I can travel to India after my H1-B extension has been filed AND before I get my receipt ?

    I may need to travel to India in case of an emergency and am wondering if I will need to wait till I get my receipt notice. (I heard that there are chances it could take more than a month to get receipt notice)

    I'm concerned if there could be any impact on the H1-B extension filing if I travel before I get the receipt notice.

    Please let me know.

    Thanks.

  • #2
    It doesn't matter whether you travel before or after you get the receipt notice. Your extension of status will most likely get denied if you travel outside the country when EOS is pending. H1B petition might get approved, but for consular processing (without a new I-94 which denied your extension of stay). Best option is to travel after getting the approval or return back and then file the extension. Premium processing will get you the result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      H1B transferred with new employer and returned India before approval

      i have valid H1b visa till 2017, I have got new offer in USA and filled h1b transfer with new employer. I have returned to India in July. My petition is approved in mid of July. I have to join the new employer and renter to USA as soon possible.
      Do I need to re stamp the Visa again for the new petition\employer?
      Kindly help.
      Thanks

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      • #4
        Not needed. You ca use the existing valid H1B visa and the new employer's approval notice to travel to U.S to work for that employer.

        Originally posted by Sujitkumar View Post
        i have valid H1b visa till 2017, I have got new offer in USA and filled h1b transfer with new employer. I have returned to India in July. My petition is approved in mid of July. I have to join the new employer and renter to USA as soon possible.
        Do I need to re stamp the Visa again for the new petition\employer?
        Kindly help.
        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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