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  #1  
Old 10-14-2009, 06:37 AM
GC_1000Watt GC_1000Watt is offline
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Cool Visiting India while H1B extension is pending

Hello Gurus!
I tried with no success of searching for a thread to find answer to my question.
I will appreciate if anyone there can answer my question(s).
What are the possible implications of travelling to india while H1B extension is pending?
Here is my case:
My visa expired on 30th sep. 2009 and have filed for extension on July 20th. Have not recieved extension till date. Project got over and now wanting to visit friends/relatives in India. Should I wait for extension? Or there is no harm in going for vacations?

Also If I will leave USA , then I will have to get VISA stamped in India once I get the extension approval. Please guide me with your thoughts. Thanks in advance.
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  #2  
Old 10-14-2009, 06:10 PM
martinvisalaw martinvisalaw is offline
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You will need a new visa to return from India, since your current visa has expired. However, unless there is work for you with the H-1B employer, it would be misrepresentation to get a visa and enter in H-1B status. If you are coming back to the US for a definite project, there should be no problem.

In your case, travel while an extension is pending just means that you will have to wait outside the US until the H-1B is approved and you have a new visa before you can return to the US.
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  #3  
Old 10-14-2009, 06:40 PM
GC_1000Watt GC_1000Watt is offline
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Default Thank you!

Quote:
Originally Posted by martinvisalaw View Post
You will need a new visa to return from India, since your current visa has expired. However, unless there is work for you with the H-1B employer, it would be misrepresentation to get a visa and enter in H-1B status. If you are coming back to the US for a definite project, there should be no problem.

In your case, travel while an extension is pending just means that you will have to wait outside the US until the H-1B is approved and you have a new visa before you can return to the US.
Thanks a lot for replying me back.
What should be the point of action in case if I will be in India and I recieve a RFE on my current location and project? Technically I will be on a break at that point of time.
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Old 10-14-2009, 08:26 PM
martinvisalaw martinvisalaw is offline
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Originally Posted by GC_1000Watt View Post
What should be the point of action in case if I will be in India and I recieve a RFE on my current location and project? Technically I will be on a break at that point of time.
You won't receive the RFE, the company will. It's impossible to tell how they could answer it, if at all, because it depends on the RFE and the current job situation at the time.
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  #5  
Old 12-09-2009, 07:28 PM
GC_1000Watt GC_1000Watt is offline
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Default Attorney- plz suggest

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Originally Posted by martinvisalaw View Post
You won't receive the RFE, the company will. It's impossible to tell how they could answer it, if at all, because it depends on the RFE and the current job situation at the time.

RFE was replied in the month of november. On Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009.
I am currently in USA and have not travelled outside US after the extension was filed.

Here are my questions:

Am I an illegal resident now?


Until when can I stay in the us?


Should my employer appeal the case and by when should he do that, is there premium processing for this?


How long does the appeal process take ?


Can I work while the case is appealed?


How many days can I stay in us after the case is appealed?


How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


What are the chances of approvals in Premium processing in Current Market?


Can I start working once the receipt for the new h1b petition comes in?


If not, can I work once the h1 is approved or should I go to India and reenter to start working?

Can i transfer my approved I140 to a new employer ?

I will really appreciate your feedback on this.

Thanks in advance.

Last edited by GC_1000Watt; 12-09-2009 at 07:33 PM. Reason: addition of facts
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  #6  
Old 12-10-2009, 02:23 PM
martinvisalaw martinvisalaw is offline
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Sorry to ready about the extension denial. You are out of status now and need to speak with a lawyer to figure out your options. Your questions are very detailed and your situation is serious enough that you should get formal, paid, legal advice.
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  #7  
Old 12-10-2009, 05:48 PM
GC_1000Watt GC_1000Watt is offline
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Default thanks

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Originally Posted by martinvisalaw View Post
Sorry to ready about the extension denial. You are out of status now and need to speak with a lawyer to figure out your options. Your questions are very detailed and your situation is serious enough that you should get formal, paid, legal advice.
Thanks. Isn't there a 180 days rule which allows me to stay in USA till 180 days of I-94 expiry date?

Last edited by GC_1000Watt; 12-10-2009 at 06:58 PM.
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  #8  
Old 12-11-2009, 01:24 PM
martinvisalaw martinvisalaw is offline
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Quote:
Originally Posted by GC_1000Watt View Post
Thanks. Isn't there a 180 days rule which allows me to stay in USA till 180 days of I-94 expiry date?
No. There is a rule that allows you to stay while an extension is pending, but your ext. is no longer pending.
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  #9  
Old 01-08-2013, 05:22 PM
nareannl nareannl is offline
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Default Leaving US with extension pending and valid visa.

Hi,

My Initial H1b is expiring in Oct 2013 and my renewal/amendment filed on July 30 2012, Still in “Initial Review” status (It’s been 5 and 1/2 months nearly).

In this situation I am leaving US on next week and if I left, will my renewal get any issues.

Also if the renewal got approved in the time when I am in India, what steps should I take. Please advise.
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Old 01-08-2013, 07:25 PM
greendream26 greendream26 is offline
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Originally Posted by nareannl View Post
Hi,

My Initial H1b is expiring in Oct 2013 and my renewal/amendment filed on July 30 2012, Still in “Initial Review” status (It’s been 5 and 1/2 months nearly).

In this situation I am leaving US on next week and if I left, will my renewal get any issues.

Also if the renewal got approved in the time when I am in India, what steps should I take. Please advise.
If u leave country before the decision comes than ur petition of extension is considered cancelled.
Either upgrade the petition to premium processing so that u can get a decision in 2 weeks.
Else select consular processing so then u will have to wait in india for a decision to comw and then u can go for stamping if it gets approved.
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