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Going out of USA when H1-B visa is nearing expiration

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  • Going out of USA when H1-B visa is nearing expiration

    I'm working in US since 4 years. My H1-B visa is expiring on 12-Nov-2008 (first 4 years) and I'm going to India on 1-Nov-2008. My employer has applied for the extension of H1-B Visa (for next two years). My employer says that they will send the visa papers to India once the application is approved and then I can make an appointment in India for Visa Stamping and come back to US after getting the new visa stamp.

    Is it OK to do like this? Means going out of US when the Visa is nearing expiration?

    Does anyone see any legal issues here in going out of US when Visa is nearing expiration and coming back to US after getting the new visa stamp?

    Will my going out of US have any affect on the visa approval process for the extension?

    Please share your experiences, if any, for this kind of situation.

    Milan Tandon
    Last edited by milan_129; 10-30-2008, 03:59 PM.

  • #2
    Recommended to delay your trip until a decision has been made on your application for extension. You dont want to jeopardize returning to work, unless you work for one of those shady employers who are fine with violating laws!


    • #3
      What would you do if your application does not get a decision for 6 months? Is your employer okay with it?

      What if the I797 gets lost in the mail?

      Safe bet, go for premium processing, go with an approved I797. Avoids a lot of hassle.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


      • #4
        Thanks everyone for your suggestions.

        My visa extension got approved today (just in time). It was premium processing. So, I think I won't be postponing my trip. I think we can rely on FedEX/UPS to receive my papers in India.