H1B Extension and Travel to India using existing H1B Visa Validity

Hi Anil,

Good Morning. Thanks for your time to answer almost all the questions that you receive day to day.

I have filed my extension along with my family h4 extension. However my current visa is valid till 01-Dec-2019 and so as to my family h4.

I am planning to travel to India mid of july for a month and returning around August 15. Kindly let me know if i will be able to enter US again with my existing visa validity (01-Dec-2019) when our extension in progress…

Kindly advice.

Regards
Sathesh

Hi @satheshg

You can enter US using your existing H1b stamp but your extention may not be approved with new i94.

I suggest to avoid travel.

Hello,

Thank you so much for the quick reply. Do you say that my H1B extension will be approved but extended i94 wont come with approval ?

If so, i have plans to go for another trip in November, do you think if i go out of country again in November and get the stamping done and reenter US to get my extended i94?

Also what will happen to my dependents visa as they also applied extension …

I know it is bit confusing and i had to go to India as an occasion happening after 40 years… i need to participate in it.

Thank you in advance.

Regards
Sathesh

The same i94 rule applies to all including H1B and H4 pending extensions.

The chances are high that H1B will be approved without a new i94. Also, you will need to carry the new approved i797 when you re-enter US to get an extended i94.

If your extension is still pending at the time of your entry, you will get the i94 based on current H1B visa stamp.

You cannot stay in US if your i94 has expired. So, if your i94 will be valid in November, you can travel and get H1B visa stamp and then enter US to get a new extended i94.

The same rules apply for H4 too.

Thanks Anil for the quick reply. Currently i upgraded my case to Premium and waiting for the approval. Expecting the approval around this week.

I have another question,

i am planning to travel to India after H1B extension approval and get the stamping done with new 797 approval in India. However, i know due to Bio metric process for H4, the processing of H4 is delayed and we haven’t done the Biometrics here… if i take my family to India, can they do the biometric in India ? What if they didnt receive approval when i go for stamping my new Visa? Do i need to wait for their H4 extension approval to go for my VISA stamping or i can bring them back to US with my visa or with their old visa valid till December 1st 2019?

Kindly help.

Regards
Sathesh

Hi @satheshg

I have answered this question earlier here:

Hi Anil,

Some more updates today… i got RFE for H1B Ext (upgraded to Premium). Now i have new question … hope you will have answer for it.

If i travel to India after my approval of H1B Extn, Do i have to go for Stamping or can i come back using my existing VISA(valid till 01-Dec-2019) or i will be able to come back with newly approved Visa without stamping (may be valid till 2022)? This time, i will not take my family with me to India as their H4 extension will not be approved soon and they will be here in US till it gets approved. Probably i can take them in December to get the stamping done all together…

Sorry for the confusing questions but i am trying to explore the best plan for my travel so that i will not put my family in tremendous pressure as i have a 2months old baby with me.

Thanks again for your reply.

Regards
Sathesh

Hi @satheshg

You can use the existing H1B stamp to enter US as long as it is valid. There is no need to get a new stamp.

You can show new H1B i-797 at the US port of Entry and you will be given the new extended I-94.

Hi Anil,

I got RFE as you know and response for the RFE was taking time so i requested attorney to delay the response till my return and the case is in “Request for Additional Evidence Was sent” now. I traveled now with Family to India and now in India and my return is on September 12 2019.
Can you please confirm that i will not have any issues in port of entry for reentering US with existing valid visa till December 1 2019?

Thanks in advance for your help.

Regards
Sathesh

Hi @satheshg

I cannot guess how the immigration officer at port of entry will behave.

It depends on what questions he asks. They can ask for current valid i797 too.

Hi Anil,

Good Morning… Another twist in my case… i am suppose to travel to US tomorrow morning but just noticed the denial status in USCIS website.

Can you please let me know if i can still reenter US using my VISA validity till December 1st 2019 or that will also be cancelled as my extension is denied.

Kindly reply sooner if possible and i really appreciate your help.

Thanks
Sathesh

Hi @satheshg

What start date was mentioned in your extention application?

What is the validity date on your current approved i797?

Hi Anil

Please find my dates below…

What start date was mentioned in your extention application? SG: 6/10/2019

What is the validity date on your current approved i797? SG: 12/01/2019

Thanks
Sathesh

Hi @satheshg

You can enter US as your current i797 and visa term is still valid.

You would need to file new extention or transfer immediately to keep staying in US though.

Hi Anil,

Thank you for the reply. I am in US now…

Regards
Sathesh

Congratulations. Welcome. Enjoy.

Hi Anil,

Please see the dates mentioned below…

What start date was mentioned in your extention application? SG: 06/10/2019

What is the validity date on your current approved i797? SG: 12/01/2019

Thanks
Sathesh

1 Like

Hi Anil,

Happy Diwali to you and your family…

My new extension and Amendment filing in progress… My earlier H1 Extension application is denied with Speciality occupation.

Do you think it is wise to apply LCA with same role? our Organization LCA team have filed again the LCA with same role. Kindly let me know will that cause rejection in new H1B Extenstion and Amendment?

Thanks
Sathesh

Hi @satheshg

Happy Diwali to you and your family too.

The chances of denial again are very high unless the job description and job role has been modified. I do not know why they are trying again with same thing if they know that it has been denied once.

Hi Anil,

Thank you very much… i will inform my organization to change the role and apply again… i know it will take sometime but hope i should be able to file before 01-Dec-2019. If it happens that i file my H1 B extension+amendment last week of November, please confirm i should be able to stay here…

Regards
Sathesh