India Travel in Dec'16 when H1B is valid till 4/17

[SanjeetJena]

Hi Experts,

I am planning a trip to India in Dec'16. I have my I-797 valid till 4/2017 (Not filling extension before travelling to India 'coz of time taken to process the normal extension is somewhere 6-8 months now). But my stamping had expired on 2015 (I didn't go out of USA after Oct'14). So, I will be going for stamping when / If I visit India in Dec'16 along with my H4 (wife n kid).

My dilema is shall I travel out of USA with such short duration left in my extension? Will I face any problem (possible denial) at stamping or at PoE 'coz of 2-3 months left in my? extension?

Please advice.


Thanks
Sanjeet

[raghvi]

Hi Experts,

I am planning a trip to India in Dec'16. I have my I-797 valid till 4/2017 (Not filling extension before travelling to India 'coz of time taken to process the normal extension is somewhere 6-8 months now). But my stamping had expired on 2015 (I didn't go out of USA after Oct'14). So, I will be going for stamping when / If I visit India in Dec'16 along with my H4 (wife n kid).

My dilema is shall I travel out of USA with such short duration left in my extension? Will I face any problem (possible denial) at stamping or at PoE 'coz of 2-3 months left in my? extension?

Please advice.


Thanks
Sanjeet

Why not file extension in premium?

[SanjeetJena]

Why not file extension in premium?

Its due to SoW not available at this time of the year. Current SoW ends in Dec'16 and new one to get created n signed is only by mid-Jan'17.

[SanjeetJena]

Can experts here please advise me ?

[raghvi]

Can experts here please advise me ?

If you attend the visa interview with a petition which is expiring within 4 Months of interview, there is very high likelihood of you being put in Admin processing.

SOWs are generally renewed before they expire.

This is my opinion not legal advice.

[SanjeetJena]

If you attend the visa interview with a petition which is expiring within 4 Months of interview, there is very high likelihood of you being put in Admin processing.

SOWs are generally renewed before they expire.

This is my opinion not legal advice.

Thanks for your suggestion. Will keep you posted.