{ "media_type": "text", "post_content": "Can I travel to India when my renewal is being processed?\n\nMy H1B expires next July, but i plan to get married in q1 2021. I am assuming that's when my firm files for an extension for the second time.", "post_id": "5edf7f919b4113002479e49d", "reply_count": 11, "vote_count": 1, "bowl_id": "5abc4bc7cf9bd00013107acd", "bowl_name": "Global immigration " }

Can I travel to India when my renewal is being processed? My H1B expires next July, but i plan to get married in q1 2021. I am assuming that's when my firm files for an extension for the second time.

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Your question is slightly confusing. If your company is filing for an extension it is not advised to leave the country. You will don’t get an updated i94.

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Thanks M1. When do firms generally apply for renewal? Is it one year before the visa gets expired or is it 6 months before the visa gets expired? My parents are not able to understand all this, and they want me to get married in q1 of next year.

Why don't you get married, return, and then file for extension?

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Right. I will not take risk and try to get it extended in q4 of 2020 if possible. I am not sure if uscis will process the petition if it's early

Only an extension can be filed 6 months before your i797 expiration. This has nothing to do with visa. You could potentially file an amendment with an extension to get the more years.

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You can file before 6 months. Do it in PP and go for marriage after approval if possible. You can do the stamping also after marriage. If your spouse needs H4 then you both will get 3 years stamped. The only problem is unexpected delays like rfe, attorney side delays etc. If you have 2 or 3 months before marriage to start your extension then better. 1 month is going to be tight.

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Thanks M2. Let me see if our firm does it in q4 this year to be safe. I will talk to our immigration team to see if that is possible

I don’t think it’s a good idea to file in April if your visa expires in July. I would reach out to your immigration lawyer because I believe you have to file 6 months before it expires and you need to be in the country while doing so

OP I had the exact timeline this year. My firm filed extension in Jan. I got rfe so it’s still being processed. So I won’t suggest taking any risk of filing in April. Either get married before Jan or wait till you get your extension. With the current situation, you may not want to make a call just to get married which ends up being risky. Tell your parents you might have to stay back in India if they don’t understand.

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