H1B Extension and Travel to India using existing H1B Visa Validity

USA H1B Processing Time
21

Hi @satheshg

You should be able to stay in US if you file an extension before your current i94 expiry.

22

Thanks Anil and i will keep you posted on my filing extension status.

Good Night…

Regards

Sathesh

1 Like
23

Hi Anil,

After lot of struggle, now my organization is filing the new H1B Amendment & Extension with LCA SOC CODE 15-1121 , SOC - COMPUTER SYSTEMS ANALYST (Systems Analyst - III).

As i said earlier they filed as System Architect - III and H1 B extension got deined… and It was suggested by you that i need to file with different role… Now i am not sure the new role
that is getting used to file new H1B extension, System Analyst - III is good or not… Can you please confirm if it is good to go with this role?

Also i noticed in many websites that chances of getting denial or RFE is high with SOC Code 15-1211. Can you please confirm if it is true… Please look at the below websites that give some info…

Thanks again for all your help and support !!

Regards
Sathesh

24

Hi @satheshg

Please understand that nobody on this forum can suggest you with 100% surety as to what SOC code should be used.

Your employer and your attorney has to decide your SOC code based on the job description that you have.
There is no guarantee that choosing a different SOC code will get you an approval.

25

Hi Anil,

How are you? i have got some news on my case again… we reapplied as you know that i shared the info in my earlier post as Computer System Analyst and as expected today they sent RFE.

Do you suggest any better way to reply for RFE? I am yet to know the details of RFE… mostly i will get it by Monday or Tuesday. I assume that it is going to be speciality occupation. I will let you know once i have more details from my Attorney.

Thanks in advance for your reply.

Regards
Sathesh

26

Hi @satheshg

This is our guidance on how to prepare specialty occupation RFE response.

27

Hello Anil,

This is regarding H4 EAD Renewal Denial …

Happy New Year…

Recently we got a rejection notice from USCIS for H4 EAD as H4 Petition is expired on Dec 31, 2020.

We applied for H4 EAD when H4 797 was valid and we applied for H1B and H4 Extension… We got approval for H1B Extension but H4 Extension is still pending… Meanwhile we got RFE to submit the latest Paystub for H4 EAD and we submitted all the recent paystub of Primary (H1B). After receiving the paystub they sent a deniel notice saying “Your Form I-539, Application to Extend/Change Nonimmigrant Status, to extend your H4 Non Immigrant Status Expired on December, 31, 2020. Therefore, your application for Employment Authorization (i-765) is denied”… However if i disagree with this decision, i can submit a motion to reopen by completing the form i-290B.

With the above information, do you think that i can submit a motion to reopen as H1B Extension is approved and H4 Extn is in progress ?

Kindly let me know your thoughts…

Regards
Sathesh

28

Did you end up filing the appeal or reopen or refile?

29

I applied again for H4 EAD with new H1B and it got approved this time… Are you facing the same issue?

30

Hi Anil,
Good morning! Could you please help with my question?
I have a valid H1B Stamping until August, 2024.
H1B Extension got approved and Received new I-797 until March 2027.
I am planning to travel to India by end of this month and return on First week of June - 2024
Can I use my existing H1B Stamping (which is valid until Aug 2024) when I am returning in June First week? if yes, what will be my new i-94 at POE?

Or do I need to go for stamping with new I-797?

Appreciate your help!

31

I already answered above:

32

Hi Anil,
My extension was already approved and received new i-797. I have valid stamping with old i-797. Can I use current stamping to enter US and show new i-797 to get full i-94?

I see you answered for similar question as -

“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.”

Is this still correct or any changes happened recently?

Thank you for your support and help!

33

Hi Anil,
could you please confirm if everything will be good since my extension is already approved and have hard copy with me.

34

Is this still valid?

“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.”