h1b extension applied, I94 expired, can i travel

[mrafeeq]

Hi my employer has applied for h1b extension ( after the initial 3 years). My original I94 has expired, my new extension application is not approved yet.

Can i Travel to india, will i be classified as over stay ( as my new I94 hasnt arrived)

in the mean time(before my h1b extension is approved) if i need to travel to india on any emergency what are the options available

Any help will be appreciated

Regards,

Rafeeq

[habeebulla]

If you applied before the expiry of current I-94, you are not overstayed. Do you really want to keep this job? If yes, the stay until your extension approved. If an RFE/Denial occurs, then you may have better options if you are within US than in India.

[JoeF]

You are in status because of the pending extension.

But, if you travel abroad, you can not come back until the extension is approved, and you have gotten a new H1 visa.