geekforu Posted October 21, 2013 Report Posted October 21, 2013 Hi, My H1B visa stamp expired on Oct 13 2013 and my I-94 expired on Oct 20, 2013. My H1B extension petition was filed with USCIS on May 24 2013 and status is still "Initial Review" I need to travel to India during Nov last week and return in Dec last week. My employer will not do premium processing. In such a scenario, can I travel outside USA and wait till my extension peition is approved, then get my new visa stamped and then return to USA ?
jairichi Posted October 21, 2013 Report Posted October 21, 2013 Hi, My H1B visa stamp expired on Oct 13 2013 and my I-94 expired on Oct 20, 2013. My H1B extension petition was filed with USCIS on May 24 2013 and status is still "Initial Review" I need to travel to India during Nov last week and return in Dec last week. My employer will not do premium processing. In such a scenario, can I travel outside USA and wait till my extension peition is approved, then get my new visa stamped and then return to USA ? Yes, you can.
geekforu Posted October 21, 2013 Author Report Posted October 21, 2013 Thank you. So I understand that leaving the USA with expired I-94 will not be a problem ? Please confirm Also I got to see in some other posts in this forum that leaving USA during 240 day grace period would make USCIS abandon my H1B extension application ? Is that true ?
catx Posted October 21, 2013 Report Posted October 21, 2013 Thank you. So I understand that leaving the USA with expired I-94 will not be a problem ? Please confirm Also I got to see in some other posts in this forum that leaving USA during 240 day grace period would make USCIS abandon my H1B extension application ? Is that true ? There is no problem leaving the U.S. with an expired I-94 card. Leaving the U.S. after your current H visa and I-94 card have expired and before a filed H visa extension petition has been approved (while you are in the 240 day period of authorized employment and stay) will not abandon your H visa extension petition. (I thought that was the case, but have since found out that it is not true.) What will happen is that you will not be able to return to the U.S. until the H visa extension has been approved and you receive the original I-797 A or B.
geekforu Posted October 25, 2013 Author Report Posted October 25, 2013 Thanks for all the replies. Would there be any sort of issue if my petition goes to RFE ? Because I am not physically present in the US
jairichi Posted October 25, 2013 Report Posted October 25, 2013 Thanks for all the replies. Would there be any sort of issue if my petition goes to RFE ? Because I am not physically present in the US Nope, as RFE will be answered by your employer and attorney. If any documentation is required then your employer's attorney would contact you.
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