Emergency Travel to India while H1-B extension is in progress

[VijaySri]

Hello All,

My current H1-B is expiring on Aug30th of this year. I also have my visa until then. My company has applied for H1-B extension around a month ago under normal processing. We didn't hear back anything yet form USCIS.

I am travelling to India today due to an emergency and will be returning back in a couple of weeks. Now what will happen to my H1-B extension application and will I be able to come back in couple of weeks on my current visa?

Please advice me on this.

Thanks!!!
Vijay

[shervin143]

If you leave the country when the extension is inprogress, then the extension of stay (new I-94) might get denied and the H1B might get approved for consular process. The best option will be to upgrade the case to premium and get the result within 15 days. On your return, by showing the new approval notice, you can get an I-94 matching the extended petition expiry date.