Need urgent advise - What is the risk in travel to India when H1 Extension result is awaited under Premium processing

Hello all,

I came in USA in March 2012 and VISA was granted for 1 year and every year my company files H1 extension and my current I-797 was valid till yesterday (11/26/2015) and my extension is already under Premium processing and was filed to USCIS on 11/20/2015 but result is awaited.

If I travel to India for 1 month vacation before approval - Is it a big risk and I should not travel unless extension is approved?

If risk, what is the risk - Denial in extension or RFE or doesn’t affect my extension at all?

Urgent advise is really appreciated!!!

What are the visa dates on your passport, these dates define travel validity. You can always show extension request documents at port of entry if asked. There is no effect on extension approval.

Best wishes

Dr. Sandeep Shankar; email:

Dr. Shankar, my original VISA on passport was expired in 2013 Jan, after that I have already extended 2 times and got 1 year each and now extension is expired on 11/26/2015 and 3rd extension filed in Premium.

In that case it is advisable to wait as you cannot enter USA on an expired visa and new paperwork is not available for stamping in foreign location

Thanks Dr. Shankar, also can you please advise if travelled is a risk?

What is the risk - Denial in extension or RFE or doesn’t affect my extension at all?

You are traveling without a valid visa. If you get extension, at least those papers can be used for stamping in India. Right now that is not the case. You don’t have papers justifying reentry

Risk is not for extension or RFE but re-entry

Dr. Shankar, Good news - My Case is APPROVED for extension on USCIS website today. If I travel to India for vacation this week, is there any risk in getting VISA stamped. I am worried because many of my company’s fresh H1B VISA candidates are getting 221G form and not getting H1B VISA stamped these days. Can this happen in my case too? Please advise…Need urgent help…

My company’s other 221g cases are mainly related to client letter and few other documents. Can we categorize this in employee related or employer related. PLease advise and % is around 50%-60% 221g cases of my campany while stamping.