Travel to Brazil during H1 extension


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Please find my details below.


Current Visa Expiry Date: Sep 30 2015.

Extension Status: Case Was Received(July 14).

Processing: Normal

Travel Date: Sep 1st week for 4 days(will return before visa expiry).

Country: Brazil



1. Now if I go to Brazil with the same status 'Case Was Received' I was informed that my I94 will be changed and the old one which was used for the extension will be inactive. In that case my extension will be in soup. Is it true ?


2. If my case is 'Approved' by the time I start my travel then I think I am safe. Please confirm.


** I know premium processing is a option but as its a vacation(not emergency situation) and I am not ready to spend 1200 bucks.


Thank you!

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jairichi replied


"1. Extension petition will be processed.

2. Approved or not it is not an issue."


So how does it work, do I need to update/send the new I94 to them ?


If the extension petition is not approved by the time of your return your I94 will be based on current petition expiry. If extension approval comes without an I94 you will need to exit and enter US with a valid H1B visa and I797.

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