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Can I apply for H1B extension and travel outside USA

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  • Can I apply for H1B extension and travel outside USA

    Hi,

    I have valid H1B visa till Dec-2017 but since my brothers marriage fixed need to travel in November-2017 ( will return back US on 19th Nov).
    I heard we can process H1B extension 6 months ahead of time, but worried if it didnt come by November, so can I travel in this extension period ?
    I have few plans , please let me know which one will best for me.

    1. Can I asked my employer to start processing visa extension in July 2017 and travel in November 2017 even if it didn't come ?
    2. OR shall I wait till 19th November and asked employer to file once back to US ?
    3. OR asked my employer to start processing in October 2017 (Just 3 months ahead of time) ?

    Please suggest me. Appreciate your support.

  • #2
    Originally posted by amol1981 View Post
    Hi,

    I have valid H1B visa till Dec-2017 but since my brothers marriage fixed need to travel in November-2017 ( will return back US on 19th Nov).
    I heard we can process H1B extension 6 months ahead of time, but worried if it didnt come by November, so can I travel in this extension period ?
    I have few plans , please let me know which one will best for me.

    1. Can I asked my employer to start processing visa extension in July 2017 and travel in November 2017 even if it didn't come ?
    2. OR shall I wait till 19th November and asked employer to file once back to US ?
    3. OR asked my employer to start processing in October 2017 (Just 3 months ahead of time) ?

    Please suggest me. Appreciate your support.
    Would advise filing extension after your return.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks raghavi ,
      But if I apply extension in November it will take another few months for extension right and my visa valid till Dec-17 ?
      I thought if I can get in 3-4 months after applying in June , I can do stamping also in November. Typically how long it takes for extension approval once applied ?

      Comment


      • #4
        Originally posted by amol1981 View Post
        Thanks raghavi ,
        But if I apply extension in November it will take another few months for extension right and my visa valid till Dec-17 ?
        I thought if I can get in 3-4 months after applying in June , I can do stamping also in November. Typically how long it takes for extension approval once applied ?
        With premium processing stopped, no clear trend has appeared off late, if you want to risk it, go for it.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          With premium processing stopped, no clear trend has appeared off late, if you want to risk it, go for it.

          This is my opinion not legal advice.
          You mean its a risk to go out off India during extension even visa is valid ?

          Comment


          • #6
            Originally posted by amol1981 View Post
            You mean its a risk to go out off India during extension even visa is valid ?
            The risk is that extension may not be approved with new I-94 as you left while it was pending.

            This is my opinion not legal advice.

            Comment


            • #7
              Thanks raghvi,
              I am deciding to file extension after my return from India which is 19th Nov. But since my visa is valid till 31st Dec , will there be problem at POE ?

              Comment


              • #8
                Originally posted by amol1981 View Post
                Thanks raghvi,
                I am deciding to file extension after my return from India which is 19th Nov. But since my visa is valid till 31st Dec , will there be problem at POE ?
                I dont think so.

                This is my opinion not legal advice.

                Comment

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