I am h1b visa holder (my wife and son have h4 visas). Visas will expire september 2013 (i-94). My employer will file a three-year H-1B extension next year (2013).
Son's passport will expire at june 31, and it is cheaper and much faster to renew passport from home country So, wondering is it possible to be in home country while the extention is in process?
When company should file an extention ?
We are planing to leave US for home country early june, since son passport will expire in end of june, and when we can return back to US?
Also, company asked for relocation (from CA to GA) , will this have negative impact on extention?
Thanks in advance
1. Yes but aren't you supposed to be still working for your employer during that time (unless taking a vacation?)
2. The employer has the right to file for an extension 6 months prior to the expiration date and anytime in between.
3. Cannot return while the application process is still pending and there hasn't been a decision yet. In that situation it's better not to leave the country or have employer file premium processing if you are he'll bent on leaving.
If you have a valid H-1B visa and you can prove you have maintained the visa then you are allowed to travel on the H-1B and H-4 visas after filing for the extension petition. There are obvious issues that will arise however if your extension application is denied after your current H-1B visa is expired so timing is important to discuss with immigration counsel.
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