Travel to India while H1B extension is pending

USA H1B Visa
1

Hi,

I need to travel to India in the month of April. My current Visa stamping is valid till May 08. My company has already applied for extension. If its approved while I am in India, will I be able to come back on my current visa stamping if I travel back by end of April? or Should I need to get stamping done with the new extension?

Thanks,
Santosh.

2

This should be fine. You can enter as far as your visa is valid.

No need. If your extension is approved before you travel back, make sure you carry the copy of I-797 along with other documents to present to CBP at port of entry. Make sure to download the online I-94 issued to you and double check the expiry date, should match with the expiry on your new I-797.
I would suggest to upgrade the extension of status application to premium processing and get the approval before you leave.

3

Thanks for the info Kalpesh

Does that mean as soon as new I-797 is issued my i-94 will change?

4

I-94 governs your legal status in the US. I-94 is issued by USCIS when you apply for extension of status while you are already present in the US. Normally, the approval notice (I-797A) will have I-94 attached.
Also when you enter the US, CBP issues I-94 (as an entry record). Most recently issued I-94 will override the other. So in your case, if your extension of status is approved before you travel to the US, you need to carry the copy of it and present to the CBP so that the I-94 they issue will have same end date as the one attached to your I-797. If you don’t do this and just present the current I-797 that expires on May 8th, the CBP will issue I-94 till May 8th.

Does that make sense?

5

Thanks Kalpesh. That info really helps.

But it looks unlikely that I will get my extension converted to premium and get it approved before I leave in first week of April. What are the implications of getting extension while I am in India. Will I have trouble getting back in that case.

6

No, you just ask someone to monitor your mail box while you are gone and if the approval comes in, have the person send you a scanned copy of approval notice.

7

Thanks Kalpesh. You have been really helpful.