H1B Extension and Travel Plan to India

USA H1B Visa
1

My current H1B Visa and petition is valid until September 30 2013

	I am planning to leave on Vacation, to India, on July 20th 2013 and return to United States on August 18th 2013.  So I will be coming back just 42 days before my current H1B Visa expires. Since my return date to United States, after vacation,  is only 42 days before my current visa expires, should I take any special precaution (Additional documents, etc.), so that there will not be any issue for me, at Port of Entry, when I come back to United States after my vacation


 




	My employer is also planning to apply for my H1B Extension. Assuming that I have the H1B extension approved before I go on Vacation, can I attend Visa interview for the new H1B Petition, in India, even though my current Visa is valid (Current Visa expires on 30 Sep 2013 and I am planning to be in India only until August 18 2013)


 




	What is the additional amount that will be charged for Premium Processing over a Regular processing for a H1B extension application?


 




	If we file an H1B Extension in Premium Processing, and if there is a RFE (Request for Evidence), will the application be automatically converted to a Regular Processing from Premium Processing?


 




	If there is a RFE against H1B Extension, Can I still leave the country on my current valid H1B visa OR will it cause any issues at Port of Entry? ( My current Visa expires on Sep 30 2013 and I am planning to leave to India on July 18 2013 and come back to United States on August 18 2013)


 




	If there is a clause that I cannot leave the country, in case of an RFE on my H1B extension, is it advisable to file the H1B extension after I come back from my vacation on August 18 2013 (Only 42 days before my current H1B petition/visa expires)


 




	If my Green Card processing has already started before I go on Vacation, will that help to alleviate any of these problems?
2

  1. POE will not be an issue

  2. Yes, you can attend visa interview for extn

  3. little more than $1000 I believe, check USCIS website

  4. RFE needs to be answered or withdraw the petition. Shouldn’t affect the processing type.

  5. Extn RFE shouldn’t cause an issue at POE as long as you enter the country within current visa period

GC process can happen parallely.

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3

Thank you for the quick response. If my H1B extension is still under processing( irrespective of RFE or not), when I go on vacation to India, is it fine? I mean can we leave the country and come back, while H1B extension is still in progress?

Please let me know

4

Yes. As long as your current visa is valid for even 1 day, they should allow you inside the USA.

5

Thanks again for the quick response