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what happened when my H1 extension file and got receipt but i may have leave india before decision come

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  • what happened when my H1 extension file and got receipt but i may have leave india before decision come

    I have Valid visa till sept 2015 and out of 6 years i only used 4 months. My employer filed the H1B extension on June 2015 and i got a receipt for the same from USCIS.
    Due to family emergency I had to travelled to india.
    1) what will happen to my H1b Extension ?
    2) I got the receipt from USCIS for filed extension but the decision is still pending from USCIS so still they can process with my H1B extension after travel to India? And depends on their decision approved or denied I may decide what to do next?
    3) As my decision is on pending with USCIS , Is my employer has rights to withdraw my filed extension ?
    4) As the current validity of petition is until 30 sep-15 and visa too. So my employer can renew my petition from India and as I only used 4 months of my visa out of 6 year , so will I get cap exempt ?
    5) So how much the usual time to process a renew a H1B status from india

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on July - 13th - Please review comments from other users.

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      • #4
        nothing .. At max they cant give i94 if u dont come back with in u r h1 limits
        2 a)yes 2b )
        3he always has ryts
        4 you already have a application ..
        5 same as over here

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        • #5
          Originally posted by Raj27012 View Post
          I have Valid visa till sept 2015 and out of 6 years i only used 4 months. My employer filed the H1B extension on June 2015 and i got a receipt for the same from USCIS.
          Due to family emergency I had to travelled to india.
          1) what will happen to my H1b Extension ?
          2) I got the receipt from USCIS for filed extension but the decision is still pending from USCIS so still they can process with my H1B extension after travel to India? And depends on their decision approved or denied I may decide what to do next?
          3) As my decision is on pending with USCIS , Is my employer has rights to withdraw my filed extension ?
          4) As the current validity of petition is until 30 sep-15 and visa too. So my employer can renew my petition from India and as I only used 4 months of my visa out of 6 year , so will I get cap exempt ?
          5) So how much the usual time to process a renew a H1B status from india
          1. You should be discussing this with your attorney or the employer’s attorney.
          2. Your H-1B extension will continue to be processed despite your travel to India.
          3. If your H-1B is approved while you are in India, you need to have them send you the approval notice so you can travel into the U.S. with the new approval notice. This way, they will give you an I-94 with full validity as it is in the new approval notice.
          4. If your H-1B is approved only after your return, your extension may still be valid under the last action rule (discuss this with your attorney).
          5. Your employer can cancel or withdraw the extension application at any time, including when you are abroad. It’s their application, technically.
          6. H-1B processing time is no different if you are here or in India. It currently takes about 2-5 months (without Premium Processing).

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