India travel on H1B expiring in December 2021


Can anyone please help me with below queries,

My first H1b stamping was done in April 2018 and it was expired in Feb 2019 then I got my H1B extension approved till December 2021. I didn’t travel to India since 2019.

I have an emergency situation in India. My father isn’t well and I am planning to travel to India in a week. I am a contractor working for a client and my client manager is ok with my travel and work from home option.

  1. I need to get stamping done and return before December. Can you please suggest suitable US embassy with respect to processing times and approval rates?

  2. Will there be any problem or concern to make note of while coming back with less stamping validity period?

  3. In worst case scenarios due to covid or any sort of travel ban, If I have to stay beyond my stamping period. Can I file H1b extension while in India accordingly and still continue to work for my client while extension is being processed?

I thank everybody’s time and response.


There is no good answer to this question. Approval of visa is subject to providing proper documentation, true/factual answers to interview questions and the adjudicating Visa Officer.
Generally people go to the nearest consulate to the state they live.

You need to be aware of the travel ban and issues with visa appointments in India. Also if the travel ban is still in place, you will need to qualify for NIE to setup emergency visa appointments which is not an easy task.

No. Visa is only a travel document. You are even allowed to enter the US even with a day left on your visa expiry.

Extension of stay can be applied if you are in the US already. Ideally you should file extension of stay asap (can only do it with in 180days of expiry of current I797) using premium processing and then travel with the original I797 document.

Working from India while on being in H1B status is a gray area and there are no well defined rules around it. Below is a very good article by immigration lawyer Rajiv Khanna on this topic.

By law, H1B job and the related labor condition approval (LCA) governs the job position, skills required to perform the job, prevailing wages and the location of the job. If there are any material changes in these aspects, there is a need to file H1B amendment to comply with USCIS & DOL laws.

Please consult your employer’s immigration lawyer and take appropriate guidance from them if you plan on being in India for a longer period and work remotely.