Travel to India While h1b extension petition in progress

[Rakesh B Gupta]

Hi there, I wanted to check with you about my visa situation. My visa is expiring in April 2024, but I plan to travel next week (returning on March 13, 2024). My company has already filed my non-premium renewal application on December 23. Currently, I have a visa stamped till April 2024. 

I am considering the following possible scenarios:
1. The renewal application remains in progress during my travel period. In this case, do I need to apply for an extension or send a new I-94 history to USCIS?
2. The renewal application is approved before my travel dates. 
3. The renewal application gets approved while I am in India.

I am wondering if it is safe to travel in any of these scenarios. Could you please advise me on this matter?

[Zodiac System]

There are several nuances in your situation.  USCIS always goes by the "latest I-94" and if your renewal application is approved before your travel dates, there will be a conflict with your current I-94 and renewed I-94.  Please contact an immigration attorney on this.  Good Luck.

[pontevecchio]

1. You will come back with an H1 visa and your latest H1 approval. If the extension is approved by then, show them the extension.

2. If no extension by then, your I94 will be based on the current H1 petition expiry. You will be coming back to await the approval of the extension and that will come with its I94.

3. Safety is only an issue if the company is not kosher.

Any reason why you have not asked the HR of the company for their take?