Travelling to India when H1B extension to be applied

[Arokini]

Hi All,

My husband's H1B visa is expiring on 19th October 2016. He has to return to india for personal issues in August mid 2016 and will return back to US by end of August 2016.

He will be applying for visa extension in July Mid 2016

We are getting multiple feedbacks to avoid this travel as there will be problem in I-94 and in port of entry.

So kindly suggest us the following

1. If he can travel to india after applying for extension and return backto US
2. Come back to US by August 2016 and then apply for extension

[raghvi]

Hi All,

My husband's H1B visa is expiring on 19th October 2016. He has to return to india for personal issues in August mid 2016 and will return back to US by end of August 2016.

He will be applying for visa extension in July Mid 2016

We are getting multiple feedbacks to avoid this travel as there will be problem in I-94 and in port of entry.

So kindly suggest us the following

1. If he can travel to india after applying for extension and return backto US
2. Come back to US by August 2016 and then apply for extension

Does he have an intention to go for new visa stamping?

[Arokini]

Does he have an intention to go for new visa stamping?

Thanks raghvi. Yes. He has to apply new visa stamping extension. His H1b visa is expiring on October 19th.

[raghvi]

Thanks raghvi. Yes. He has to apply new visa stamping extension. His H1b visa is expiring on October 19th.

He would have to show extension approval, in order to get a new visa.

This is my opinion not legal advice.

[mindrd]

Hi All,

My husband's H1B visa is expiring on 19th October 2016. He has to return to india for personal issues in August mid 2016 and will return back to US by end of August 2016.

He will be applying for visa extension in July Mid 2016

We are getting multiple feedbacks to avoid this travel as there will be problem in I-94 and in port of entry.

So kindly suggest us the following

1. If he can travel to india after applying for extension and return backto US
2. Come back to US by August 2016 and then apply for extension

As long as your husband was in the US at the time of filing the extension, he can travel to India and come back whenever he wants. The confusion appears to be happening because when you file a "change of status," he cannot leave until a final decision has been made and he must be physically present at the time of filing. Just make sure you have the receipt notice of the extension petition before he leaves to ensure the petition was properly received.