Travel while H1B extension in process

[rushikeshsg]

My current H1B Visa is expiring on Dec 17th and I have got my extension(same employer) for 3 years on Sep 24th valid from Dec 18th. I went to India for a short visit and entered US on Sep 29th on old Visa (I-94 valid till Dec 18) as I did not have approved I-797 with me at POE.

 

Will it have any impact on my already approved extension?

 

Do I need to go out of the country and come back in with my new I-797 to get extended I-94 due to the last action rule?

[jairichi]

It will not have any impact on your extension approval. If your current I94 expiry is based on old petition i.e. expires earlier then you need to exit and enter US with a valid H1B visa and I797 ext approval to get new I94.

[rushikeshsg]

Thank you very much. Meanwhile I called the local CBP office in Detroit and presented my case; I was told that I do not need to take any action as far as I have my valid(extended) I797. Confused now.

[jairichi]

Thank you very much. Meanwhile I called the local CBP office in Detroit and presented my case; I was told that I do not need to take any action as far as I have my valid(extended) I797. Confused now.

I am sorry. I got confused. I thought it was COS. Yes, if you have an I94 that is valid with your extension I797 you should be fine. Always check with your attorney.

[rushikeshsg]

Yes it is extension of my stay based on approved I-140. It's just that the extension was approved when I was in India(just a day before I started my travel back to US) and I entered US on old Visa(did not have approved I-797 handy) and got I-94 till my current visa ends which is Dec 17.

[patnaikp]

I am in the same boat. So it is fine that your latest I-94 will expire on Dec 17? Does the I-94 on the I-797 kick in? Or do you need to travel out of the country before your current visa expires and get a new I-94 with Dec 18 2017?

 

Thanks

P

[ashuneel]

New document supersedes old document.   Just as passport expires and you get new one but do not get date extended on old one right?

[shekar11#]

Looks like rushikeshsg needs to exit US and enter to get a new I-94. Because his H-1 extension was approved with a new I-94 a day before he entered US. He got another I-94 while entering US that expires on December 17th. So Dec 17th I-94 is the current one. And it needs to be extended.

[rushikeshsg]

Thanks shekar11#,

 

I checked with local CBP office and they said I am ok as long as I have approved I-797 even if it was approved when I was in India. I-94 generated at POE will not supersede the already extended petition. Last action rules looks like only applies to Visa transfers and not visa extension. Please advise.