URGENT : H1 ext - Info regarding travel after RFE response

[kcsatz]

Hi All,

My H1B/ I-94 expiration is April 20th. I filed for extension under Premium in February. Got RFE on March 7th asking for Client letter. RFE has still not been responded as are waiting the signing of a new SOW with the client next week. So looks like the RFE will be responded by April 15th.

Problem is I need to travel to India for a personal emergency in April last week/May first week.

So here are my questions :

1. If I travel to India before the Extension is approved - does that mean the visa will be automatically cancelled ?

2. Since it's Premium processing there's a chance that extension gets approved even before I leave - but the actual I-94 might not have reached me. So does that mean I can attend stamping in India using a Copy of the new I-94 ? Or is the original mandatory ?

Please help me at the earliest or point me to other threads that already have dealt with this.

[kabkaba]

Hi All,

My H1B/ I-94 expiration is April 20th. I filed for extension under Premium in February. Got RFE on March 7th asking for Client letter. RFE has still not been responded as are waiting the signing of a new SOW with the client next week. So looks like the RFE will be responded by April 15th.

Problem is I need to travel to India for a personal emergency in April last week/May first week.

So here are my questions :

1. If I travel to India before the Extension is approved - does that mean the visa will be automatically cancelled ?

No, the extension of status part of the petition may get denied. i.e. the petition will get approved without extension of status. But that does not matter to you as when you return you will get a new I-94 according to the new petition and you are leaving the US before your current I-94 expiry. So that is fine.

2. Since it's Premium processing there's a chance that extension gets approved even before I leave - but the actual I-94 might not have reached me. So does that mean I can attend stamping in India using a Copy of the new I-94 ? Or is the original mandatory ?

You will need original petition approval notice in order to apply for the Visa. Your employer can send it to you by post/courier.

Please help me at the earliest or point me to other threads that already have dealt with this.

See above.

[kcsatz]

Thanks a lot for the quick response.

One more quick question :

How long does it generally take for the new petition to arrive once the extension is approved ?

[shervin143]

Within 2 weeks.

Thanks a lot for the quick response.

One more quick question :

How long does it generally take for the new petition to arrive once the extension is approved ?