Presently, I am on H1B VISA, valid up to September, 2024 and working in USA. My employer filed for I-140 approval also, which is expected to be received by the end of March,2025. I am eligible for only 1 year period of extension, to complete my total period of 6 years of H1B. My employer filed for premium processing of H1 VISA extension, and got approval too, and the USCIS has extended my H1B VISA up to November, 2026, an additional 1-year extension under AC-21 106(a) regulation.
Now, I wish to visit India on personal work, which necessitates, VISA stamping, in India, which would likely to be granted up to November,2026.
In case, I again wish to visit India, in 2025 after getting my I-140 approval, is it necessary to go again for stamping, based on such I-140 approval, or can I come and go as per my requirement, till November, 2026, based on previous stamping?
When my employer has to file again for extension of my VISA after getting approval & receipt of I-140? (which is expected to be received by the end of March,2025) Whether it takes place in 2026 or after March,2025 itself, in case, I postpone my visit, after March, 2025?
Request to clarify the procedure in the above given situations, and will be highly appreciated. Thanks in advance
You can use your valid H1B visa to enter the US, no need to apply for a visa just because your I-140 is approved. Note that I-140 has nothing to do with your H1B status. I-140 is an application for intend to be a permanent resident by obtaining green card for a future green card job in your field.
H1B extension of status can be filed within 180 days of your current I-797 expiry date which will be 2026. No need for filing EOS just because your I-140 is approved. As explained above I-140 has no relation to your H1B.
Thank you very much, and regards