Travel to INDIA while H1B VISA extension is in Process.


Need your help, I am in a tricky situation. I am currently working for X client in U.S and I am dealing with a family emergency because of which I should be travelling as soon as possible. I may return back to U.S after 3 - 4 months once things are back in track. Below are the detail of my H1B status.

  1. I-797B is valid from Oct’14 to Sep’15 - Expired

  2. VISA expired on 09/10/2015 and have filed for extension.

  3. I-94 expired on 10/10/2015.

  4. It has been 3.5 months since I got my receipt no after filing for extension but I can no longer wait as I have to travel back to INDIA as soon as possible.

  5. My employer is not ready to approve for premium process and as per the policy employee is not allowed to pay for his/her premium visa processing.

Since I have to travel anyway with or without having my VISA extended, Request you to answer few of my questions.

If I travel while my VISA extension is in process:-

  1. Will my VISA status go to RFE ? And can I still manage to get my VISA extended in INDIA by providing the supporting documents.

  2. Am I at high risk of VISA denial ? If my VISA gets denied, Can I apply for extension once again from INDIA through same company/new[If I change company] and what is the timeline to apply for VISA extension again as my VISA has already expired.

  3. Should I stick to the same company until my VISA gets extended ?

Your immediate response would be greatly appreciated.

Thanks in advance,


  1. Your extension will continue to be processed. Eventually, 797 will get approved but I-94 extension will be considered abandoned, as you left US

  2. Your travel plans do not increase your chances of 797 denial.

  3. I would recommend to as they have a petition in play. I assume they are willing to wait until you return back to US, which may take time as your petition is still pending and then you have to appear for stamping.

Thanks a lot for your valuable response. :slight_smile: