sup_sof99 Posted January 16, 2012 Report Share Posted January 16, 2012 My current H1 status and stamp expire May 14,2012. I have notified the attorney a month ago to prepare my extension application but they have not been able to file yet, since they are still waiting on the prevailing wage. I am going to travel abroad April 11 to May 7th. If I do not have the extension approved before I leave, and I return May 7th, will the officer mark my I94 to May 14 only, e.g. 7 days? Will that cause an issue for me? Once I receive the H1 extension approval, do I have to replace my I94 before the 14th? What if I receive the approval after the 14th? Link to comment
livliv Posted January 16, 2012 Report Share Posted January 16, 2012 Not only will you get shorter I-94, the petition may get approved without an I-94. Travel is not recommended when petition is pending. Either file the petition in premium or return after new petition is approved. Link to comment
sup_sof99 Posted January 17, 2012 Author Report Share Posted January 17, 2012 What do you mean by 'petition may get approved without I-94'? What difference would it make when I return if I will not have the approval letter with me to show to the officer when I return in either case? Link to comment
Chitown01 Posted January 17, 2012 Report Share Posted January 17, 2012 When USCIS is reviewing the petition and you are outside the US, they CANNOT grant Extension of stay, so they will approve your petition thru Consular Processing. So you would be required to go to the consulate get H1 stamped and re-enter... as LivLiv Suggested GO PREMiUM you will have approval within 15 days... Link to comment
livliv Posted January 17, 2012 Report Share Posted January 17, 2012 Your current petition will be filed using the current I-94 number. When you leave the US you will have to submit the I-94 to the airline and on returning you will get a new I-94. If the USCIS officer looks at your previous I-94 number and finds that you are no longer in the US (even if you have returned they may see exit record on the previous I-94), they will approve the petition without I-94. Now the problem will be that you will have extended petition, but your I-94 will expire. You can only stay in the US until your latest I-94. But if you have extended petition on your return date, you can show that at POE and get I-94 according to the extended petition and hence no problem. Link to comment
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