H1B Extension is applied from INDIA, VISA valid till SEP30 2016, can I travel now?

Hi All,

Please post your comments.

H1B Visa valid till SEP30 2016, I have not travelled.

Already applied Extension from INDIA, if I get chance to travel NOW.

Is it possible to travel?

You can still travel to US as long as you have valid unexpired petition and visa stamp on the date of travel. If you want to travel after Sep 30th, then a new visa stamp would be needed using the extended petition.


But my Employer giving a reason saying that you should travel before 5 months.

Is it so?

Didn’t understand your message. Is your employer saying that you need to travel at least 5 months before petition expiration date, and so need to wait for extension to get approved?

Legally, what I said previously is still valid. However, employer has spent money on your extension and would prefer to make best use of it. This means, you wait for petition approval, get visa stamped (if needed) and then enter US so that you get I-94 based on extended petition.

If you enter US now (while extension is pending), then you need to apply for extension soon after entering US, and the paperwork may require time. That is why employer is suggesting a timeframe of 5 months to give themselves time to process this extension petition in US.

Makes sense?