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Travel during H1b extension and coming back with Old I797

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  • Travel during H1b extension and coming back with Old I797

    I am on 6th year H1b and my current H1b visa (stamp on my passport) will expire on 29 April 2015. I got PERM and I-140 approved. Now my company in process of applying H1b extension in regular processing for 3 years based on I140 approval. Now for a family function I must travel to India around March 2015 for 4 weeks.

    1. If i travel in march 2015 and come back before 29 April 2015, is that a problem for my H1b extension?
    2. If i get H1b extension when i am in India, i will get I797 with my current I-94. But when i come back i will get a new I-94 at POE until April 29 2015. Due to last action rule, my I94 that comes with H1b extension gets invalid and the new I94 will be controlling my status. Is this true and applicable in my case?


    I am worried and please help.
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