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Travel During H1B VISA Extension


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#1 karthilxg

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Posted 03 January 2012 - 03:06 AM

Hi All,

I am planning to travel to India due to some family emergency from 31-Jan-2012 till 12-Mar-2012 and

my current H1B visa (I94) expires on 17-April-2012. My company filled for the H1B extension process on

29-Dec-2011.

Could you please answer me the following questions,

1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.

2. If the approval comes on 11-March, what should I do, can I still travel to US without the new stamping.

3. If I dont get the approval till 12-March, can I travel to US with my old petition without any problem?

4. Will there be any problem with my I94 ?

Thanks,

Karthi

#2 livliv

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Posted 03 January 2012 - 09:32 AM

Hi All,

I am planning to travel to India due to some family emergency from 31-Jan-2012 till 12-Mar-2012 and

my current H1B visa (I94) expires on 17-April-2012. My company filled for the H1B extension process on

29-Dec-2011.

Could you please answer me the following questions,

1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.

If your current Visa (in your passport) is valid, you can use that and the new approval notice to enter the US. Your new I-94 will be according to new approval notice.

2. If the approval comes on 11-March, what should I do, can I still travel to US without the new stamping.

Again, depends on your Visa validity. See above.

3. If I dont get the approval till 12-March, can I travel to US with my old petition without any problem?

Yes you can travel. But there is a complication. Your I-94 will be according to old notice and it becomes a matter of confusion whether the extension will be approved with or without an I-94.

4. Will there be any problem with my I94 ?

See above.

Thanks,

Karthi


You should get the extension upgraded to premium to avoid any complications. That way you will get a decision before your March return date.

#3 karthilxg

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Posted 03 January 2012 - 06:28 PM

Hi livliv,

Thanks for the quick reply...

As you mentioned above that there will be a complication on I-94... What should I do in order to resolve the I-94 discrepancy...

#4 livliv

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Posted 04 January 2012 - 09:09 AM

Already answered below the quote part. You should get the extension upgraded to premium to avoid any complications. That way you will get a decision before your March return date.

#5 jk25

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Posted 05 January 2012 - 12:23 AM

Already answered below the quote part. You should get the extension upgraded to premium to avoid any complications. That way you will get a decision before your March return date.

Does this mean even if H1 extension has been applied for, one can travel ?

My I94 is valid till end of Jan and I have just initiated extension. Can I travel out of US for 5 months and come back once the extension has been approved ?

#6 livliv

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Posted 05 January 2012 - 09:56 AM

Yes, one can leave the US while extension is pending, but one should not return before getting a decision.

#7 jk25

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Posted 05 January 2012 - 11:08 AM

Yes, one can leave the US while extension is pending, but one should not return before getting a decision.


Phew, relief !! Thanks LivLiv.

#8 Robyskariah

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Posted 16 July 2013 - 11:46 PM

Finally, What was the result. I would like to hear about the same, because I am in a similar situation.

 

I have filed my extension, and received the reciept. However approval has not yet come. I wan to travel outside country within a period of my current visa expirty.

 

My current visa and I-94 expires on September 30th 2013. 

I am travelling outside US on Sep 1st and coming back on Sep 5th.

 

I may or may not get the approval notice before Sep 1st (My travel date). Can I travel and come back without any issue, if I get my approval or if I did not get my approval before? In bot cases what difference it actually makes? 

 

Thank You.



#9 Sha_USA

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Posted 23 August 2014 - 01:45 PM

Please let me know the result....i am in the same situation....




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