Re-entry while H1B extension pending, but before I-94 expiry

[ibah]

Hello all!

Allow me to describe my situation. My employer is filing an H1B extension for me this week. My current I-94, based on my current H1B, will expire in early October. I need to make a brief international trip in September, but I will re-enter about a week before my current I-94 expires. They are not seeking premium processing so it's very unlikely the extension will be adjudicated while I'm out of the country. However, will the fact that I'll have left the country during a pending extension (even though I return before my current I-94 expiry) affect my ability to rely on the 240-day rule to continue working while I await the decision? And if it's approved, will it have any impact on the I-94 attached to the I-797 approval notice?

Thank you in advance for any tips!

[Zodiac System]

On 9/4/2022 at 1:07 PM, ibah said:

Hello all!

Allow me to describe my situation. My employer is filing an H1B extension for me this week. My current I-94, based on my current H1B, will expire in early October. I need to make a brief international trip in September, but I will re-enter about a week before my current I-94 expires. They are not seeking premium processing so it's very unlikely the extension will be adjudicated while I'm out of the country. However, will the fact that I'll have left the country during a pending extension (even though I return before my current I-94 expiry) affect my ability to rely on the 240-day rule to continue working while I await the decision? And if it's approved, will it have any impact on the I-94 attached to the I-797 approval notice?

Thank you in advance for any tips!

International travel, while petition is under process is not advisable.  

Request your employer to hold the filing until you have completed your emergency international visit in September, and file once you are back into the country end of September/1st of October.  Good Luck.