I have filed my H1 Extension on April’13 but it is yet to be approved from USCIS.
Currently I am going to travel back to India but I have a doubt on what will happen if ‘H1 Extension went to RFE’. Does my stay in India make a difference when I file the clarification petition ? Please suggest.
Your 797 extension will continue but I-94 extension will be abandoned.
When is your H-1 visa stamp expiring in the passport?
Hi saurabh,
Thank you!
It’s ending on 30th July.
If you plan to return prior to July 30, then you can enter US and file for I-94 (and/or H-1) extension again.
If you plan to return after July 30, then you need to get H-1 visa stamped which in turn requires H-1 extension to be approved.
Ok Thank you! let’s say if my extension went to RFE, will I be able to submit clarifications/continue the process ?
Yes. If you return to US and extension is in RFE, you can still submit those documents. You can even try to submit the new I-94 to see if they will approve I-94 extension as well. Your attorney can confirm about this.