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GC2k6PD

H1 extension and travel abroad

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My spouse's H1 visa stamp and approval will expire in June this year. We're filing for extension now. Can she travel abroad between now and June using the current H1 visa? Will such travel after filing for extension invalidate the extension petition? We have heard USCIS may consider an extension petition abandoned if one travels abroad after filing extension. But in her case, she will be travelling within the validity of the previous H1 visa stamp. Please advise.

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She can travel while the extension is in progress and it is not considered abandoned. Only COS are considered abandoned.

However she may get the approval without the I94 as she is out of the country and will have go for stamping before returning back.

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It is much better to apply for extension after she comes back. Otherwise as mentioned in previous post she has to go out of USA for stamping because she will not have an I-94 on her extension copy because she was out of country when the processing was taking place.

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