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Perm Filed And Pending, Can I Travel To India And Re-enter While It Is Pending?

Discussion in 'Immigrant labor certifications (PERM)' started by Samik, Dec 8, 2015.

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  1. Samik

    Samik New Member

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    Employer ABC filed my PERM/Labor application in last Week of November(Nov 23rd) 2015. My H1B Visa(same employer ABC) and I94 expires on October 3rd, 2016. I have following questions -

    1. Can I travel to India in May 2016 and come back to US after a stay of 3 weeks, even though the PERM is in progress?

    2. If I get married during that stay and re-enter US, will that affect PERM process?

    3. I recently changed my employer from XYZ to ABC, if I go back to India, do I need to get the visa stamped or the approved I-797 (Expiry Date - October 3rd, 2016) is sufficient to re-enter?

    4. If the PERM doesnt get approved before my visa and I-94 expiry date(October 3rd, 2016), and if I have to go back to India, can I wait in India till my PERM gets approved and then file I-140 and then file for H1B extension based on I-140 approval? if yes, then once H1B gets approved based on H1B, while I am in India, do I have to wait for 1 year to re-enter US, as I have already completed 6 years of H1B stay? Or can I come back to US immediately based on H1b extension approval? or Do I have to wait for one year outside US to come back again on approved H1B?



    Thanks,
    Samik
     
  2. DonDraper

    DonDraper Guru

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    1. Yes
    2. No
    3. Valid h1 stamp from any employer is fine
    4.yes. No if your i140 is filed and approved and h1 extension is filed based on i140 approval. Yes if filed on pending perm for 365 days
     
  3. Samik

    Samik New Member

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    Thank you very much DonDraper.

    If I go back to India after 6 years of H1B, and if I wait in India for my PERM and I140 approval, and then if my company files H1B extention based on I140 approval, Can I come back immediately without waiting for 1 year?
     
  4. PDCOM

    PDCOM Guru

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    You could also think about recapture to extend the h1b expiry date - If you have time to recapture for about 30 days so that the perm filing is pending for 365 days you can get 1 year extension.
    Recapture of the time spent out to US (including your past trips to India or anywhere for holidays or for work). This will avoid you going out of US and wait for perm approval.
     
  5. Samik

    Samik New Member

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    Thanks for the reply. If my I-140 gets approved while in India, do i have to wait for 1 year outside US to file H1B extension based on I-140 approval and then come back or i can do that immediately and come back to US immediately?
     
  6. PDCOM

    PDCOM Guru

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    Once you get I-140 approved, h1 extension has to be applied. Once h1 extension is approved, visa stamped and then you return.
     
  7. Samik

    Samik New Member

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    Thanks. After visa stamping, do I have to wait for 1 year as my 6 years on H1B have already been completed? Or I can return immediately.
     
  8. DonDraper

    DonDraper Guru

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    You don't have to wait
     
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  9. Samik

    Samik New Member

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    Thanks DonDraper.

    If I travel to India in April or May 2016 for 3 weeks, will there be any problem while coming back at the Port of Entry, as that time I will have only few months left on my H1B?

    Also the old company's Visa stamp on my passport has expiry till 19th July 2016. So if I go for the stamping in April or May 2016, will there be any problem as that time I will have only few months left on my H1B (6 years max stay).

    Note : I797-A petition is valid till October 3rd, 2016(due to recaptured time spent in India) but passport visa stamp has expiry date as 19th July 2016.
     
  10. DonDraper

    DonDraper Guru

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    You wont have any issues as long you have a vald i797 and valid stamping of visa in the passport
     

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