Travelling with H1B application pending

[eclipse3]

Hello All,

I am right now on an H1 (renewed recently, non-transferrable, working for government) and have applied for another H1 which is just applied and not approved yet. I need to travel on my current H1 to India and will be getting it stamped. Will there be any problem, since I have another H1 being processed in the pipeline?

Thanks in advance for any guidance.

[Attorney_10]

It is not clear what this other H1B petition is in the pipeline and why it was filed. Generally, one must have a valid H1B petition to apply for an H1B visa and to re-enter on H1B status. Some exceptions apply if one has a pending petition for a change of employer. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and the options that may be available to you.

[wiweq]

"Will there be any problem, since I have another H1 being processed in the pipeline"

"It is not clear what this other H1B petition is in the pipeline and why it was filed. Generally, one must have a valid H1B petition to apply for an H1B visa and to re-enter on H1B status."

=> Doesn't matter if its H1b transfer, new H1b, H1b extension, or H1b with COS. It's always a new H1b filing!

If you are not present if US during H1b processing, your H1b may be approved but not the H1b extension. To get the H1b extension approved you need to be present in H1b status during the processing. It will result the I797 with no I94. But, no worries; you will get new I94 at POE while entering in USA. Just use your new approved I797.