Travel on H1-B extension pending

[mohitg7]

Hello All,

My Current H1 B Visa petition is getting expired on May 9, 2015 (Visa already stamped in Passport). My I-94 is also expiring on May 9, 2015.
However, I have already applied for extension of my H1-B with the USCIS on November 28, 2014 and my attorney has already received I-797C.

Now a situation has come up that I need to travel to India on January 13th to February 16th 2015. My wife is also going to travel with me and she is going to return 3 weeks after me and her visa and I-94 is also expiring on May 9, 2015.

We will be receiving a new I-94 on our return and my H1-B visa extension has been filed on my current I-94.
Will it be ok if I travel abroad while my H1-B extension is pending?

What would be the impact if my attorney receives H1-B approval notice while I am in India? Would I need to go for stamping in India for this new extension?

Please let me know your thoughts. Information on this scenario is greatly appreciated.

Thanks

[jairichi]

Yes, you can travel. Ask attorney to send you the hard copy of I797 notice so that you can get I94 based on extended approval notice.

[mohitg7]

Thank you so much for your reply.

But I have couple of other concerns: 

So if my visa is approved while I am in India, I don't need to go for stamping?

I am coming back on Feb 16, 2015. What if the extension is approved around Feb 12 or Feb 13 and attorney is not able to send me the hard copy of I797 (basically I am travelling with my old documents which have a valid stamping, I-94 and Visa), will there be a problem at POE?

 

Also, my wife will be coming after me. Just wanted to know if she going to run into any issues at POE as this will be her first time after extension.

[jairichi]

Thank you so much for your reply.

But I have couple of other concerns: 

So if my visa is approved while I am in India, I don't need to go for stamping?

I am coming back on Feb 16, 2015. What if the extension is approved around Feb 12 or Feb 13 and attorney is not able to send me the hard copy of I797 (basically I am travelling with my old documents which have a valid stamping, I-94 and Visa), will there be a problem at POE?

 

Also, my wife will be coming after me. Just wanted to know if she going to run into any issues at POE as this will be her first time after extension.

If you do not have extension approval notice by the time of your travel it is not an issue. You will be allowed to enter US with valid H1B visa and I797. Your I94 will be issued till petition validity date.

If your wife is entering after you get your extension approval then provide her a copy of both your current and extension I797 approval notice. In this way she will get an I94 till validity of extension approval notice.