Travel while H-1B extension is in progress

USA H1B Visa
1

Dear Experts,

My H-1B extension applied in regular CSC with a receipt date on July 17th 2015. No update yet.
I am planning for International travel for about 2 months (includes work from home for 1 month) in the last week of December.
Once I receive the approval, the lawyer told that they can send to overseas address and then I can go for stamping.

Couple of questions:

  1. Are there any chances of getting an RFE due to me staying out of USA while they are reviewing my case.
  2. Will there be any questions asked in interview related to me staying out side of USA for 2 months.
  3. Any other things I should know of?

Could you please answer my questions. Appreciate you help!

Thank you!
Srini

2

  1. USCIS doesn’t issue RFE for the reason you mentioned. There can be RFE for other regular reasons but no b/c of the fact that you left US

  2. No

  3. Your EOS (I-94 extension) is abandoned as soon as you leave US. You cannot appear for stamping until your extension petition has been approved. So if you plan to return in 2 months and petition doesn’t get approved by that time, you may have to delay return or upgrade petition to PP.

3

Thank you Saurabh! In the event of RFE, does it have any impact since I am outside of USA by that time?

4

No impact. Your attorney can still respond to it even if you are outside US.

5

Thanks Saurabh! This is helpful for me.

6

Hi Saurabh - Sorry! I missed to ask an important question. My employer is ok for me to work from India during the time I am in India. Is this going to be any issue or can it be a question in stamping? Could you please tell me if there are any issues?
Thank you!
Srini T

7

From H-1 perspective, they are concerned only about the time you are inside US. Your stamping’s outcome won’t be impacted by the fact whether you are working for them while in India or not.

8

Appreciate your help! Thank you Saurabh!