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  • Regarding H1B extension

    Currently I am on H1B in US .I have approved visa till Feb 1, 2018 and I94 till Feb 11, 2018.

    Due to some personal emergency I need to travel to India in November and I will come back on Dec 10, 2017.My question is what is the best time to do H1B extension process? Should we process the extension now or once I come back from India?

    Scenario1: Process extension after returning to US

    Expected risk: There might be question at port of entry as I will have just 1.5 month for Visa expiry and I will not have any document to show whether extension is going to happen or not

    Your feedback ?

    Scenario2: If we start the extension processing in premium in November, then will it be a good idea? I guess here i will have at least receipt and if possible I may get approval also.So that I can tell the status of extension at port of entry.

    In this scenario ,if i get the approved petition while I am in India, then do I have to go for stamping again(considering I have already visa till Feb1 , 2018)?

    Your feedback?

    I will wait for your sincere advice.

  • #2
    Originally posted by saktisahoo2006 View Post
    Currently I am on H1B in US .I have approved visa till Feb 1, 2018 and I94 till Feb 11, 2018.

    Due to some personal emergency I need to travel to India in November and I will come back on Dec 10, 2017.My question is what is the best time to do H1B extension process? Should we process the extension now or once I come back from India?

    Scenario1: Process extension after returning to US

    Expected risk: There might be question at port of entry as I will have just 1.5 month for Visa expiry and I will not have any document to show whether extension is going to happen or not

    Your feedback ?

    Scenario2: If we start the extension processing in premium in November, then will it be a good idea? I guess here i will have at least receipt and if possible I may get approval also.So that I can tell the status of extension at port of entry.

    In this scenario ,if i get the approved petition while I am in India, then do I have to go for stamping again(considering I have already visa till Feb1 , 2018)?

    Your feedback?

    I will wait for your sincere advice.
    Advisable to have extension filed upon return. Upon return at POE, you can say that extension will be filed post entry, at most the officer may grant I-94 only till Feb 2018, which should be fine.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by saktisahoo2006 View Post
      Currently I am on H1B in US .I have approved visa till Feb 1, 2018 and I94 till Feb 11, 2018.

      Due to some personal emergency I need to travel to India in November and I will come back on Dec 10, 2017.My question is what is the best time to do H1B extension process? Should we process the extension now or once I come back from India?

      Scenario1: Process extension after returning to US

      Expected risk: There might be question at port of entry as I will have just 1.5 month for Visa expiry and I will not have any document to show whether extension is going to happen or not

      Your feedback ?

      Scenario2: If we start the extension processing in premium in November, then will it be a good idea? I guess here i will have at least receipt and if possible I may get approval also.So that I can tell the status of extension at port of entry.

      In this scenario ,if i get the approved petition while I am in India, then do I have to go for stamping again(considering I have already visa till Feb1 , 2018)?

      Your feedback?

      I will wait for your sincere advice.

      Hi ,

      As you have VALID VISA stamping in your Passport up to FEB 11 2018, and you are saying that you had some urgent/emergency, You can go to INDIA in NOV 2017 and can return to USA before FEB 11 2018. You do not need any stamping as you had already.
      After returning to USA, apply the EXTENSION in Premium Mode as it is open now.

      I did the same in my case, but it was in 2015.

      Regards,
      myh1bQueries.

      Comment


      • #4
        H1B amendment messups and its consequence during next extension.

        Hello!

        My situation is quite complicated. But Any opinion on this will help.

        I work for a Bangalore based consultant company. I was supposed to travel to a client location in San Jose, CA but because of the delay in getting H1B VISA from consulate I lost the project. My company filed amendment(Non Premium) for working at new client place in Austin,Tx and asked me to travel without the amendment being approved. I traveled 1st Aug 2016 to Austin with just the amendment reciept (without the approval notice.)

        After 6 months (Feb 2017) Attorney received the approval notice which says Amendment is approved but extension of stay not granted. They have mentioned the reason as "Benificiary was not physically present in US at the time of filing extension of stay"

        My employer and attorney asked me to travel outside the country and return to get a new I94. I did same in march 2017 and 4 after my exit and reentry i have received one more approval notice which says its approved but extension of stay not granted. My employer hold that this new notice is a dulpicate and has arrived by mistake.

        Now my concerns are
        1) The amendment approval notice which came in feb has validity starting from Feb 2017 - March-2018 for Austin location
        I was working in austin starting from Aug 2016 itself, which is not covered in the amendment. so my stay from Aug 2016 - Jan-2017 is illegal ?
        2) After my exit and reentry to get a new I94 in march, the new approval notice which i received ( which says "petition is approved but extension of stay is not granted") invalidates the exit-reentry and new I94 ?
        3) What consequences these things have on my next extension which needs to be filed before March 2018.

        Comment

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