I-94 Question: Travel outside US while H1B Extension petition is pending

jd78605w

By jd78605w,
in H1B : I-94 Cards

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jd78605w Newbie

jd78605w

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On H1B with same employer since 2007.  Most recent H1B renewal filed with June 3, 2015 receipt date (regular processing). On June 12, 2015, I went to Montreal for wknd getaway trip. Returned June 14. When I came back, I was given I94 date matching H1B visa expiration date which is September 30, 2015. I am still waiting to hear back on the filed H1B petition.

 

Also, my GC priority date (application cutoff) for EB2 India is now current. Will be filing 485 on October 1, 2015.

 

I heard that since I traveled outside US after the June 3 H1B extension filing date, the application is considered abandoned and therefore, there is a possibility that my H1B extension will be approved but my I94 will not be extended and the I94 expiring September 30, 2015, will remain valid.  As a result, I will have to stop working immediately and leave the country and get new H1B stamp based on the new approval notice and then reenter the country.  Is this true?  Is there anything I can do to avoid having to leave the country immediately?  

 

Will upgrading to H1B petition to premium processing be beneficial in this situation?  Or should I just keep waiting under regular processing to see what happens and then decide after I receive the approval notice?  Having to stop working and leave country immediately will be very, very stressful.

 

Note that I am going to India for vacation on Dec 4.  Ideally, I would like to go for the stamping when I go to India in December.

 

Thanks

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jd78605w Newbie

jd78605w

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Thank you for your reply.

 

Will I get RFE because the I94 number on H1B Extension application does not match the current I94 number (because I traveled outside US after the application was filed)?

 

Or (assuming there are no other issues) I will get the approval notice with a I94 number with a validity period matching the validity period of the I797 H1B Extension Approval Notice?

 

Thanks again

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