Travel Plan to India after applying H1B Extension


I have a valid H1B Visa till November’13. My employer is planning to apply for extension in May’13 or June '13.

I heard it may take 3 - 6 months to get the extension. I also heard once we apply for extension we should not travel outside US before we get the extension? Is it true ?

Can I go to India for one month vacation in July 13 and come back once I apply for extension ?



If you leave US while extension is pending then your I-94 extension will be abandoned. Your H-1 extension will continue to be processed. You have following options:

  1. File in PP, so that extension gets approved prior to you leaving US.

  2. File in regular processing, leave US and let I-94 extension get abandoned. If your H-1 extension is approved by the time you return to US, then carry both old and new petitions and get extended I-94 at PoE. If H-1 extension is still pending at the time of your return, then get I-94 based on old 797, and file for I-94 extension soon after H-1 gets extended (the catch is that your 797 should get approve quickly giving you enough time to file I-94 extension before it expires).