Need Urgent Advice ASAP on Pending status of H-1B Extension and I-94 is expired

[Quality_Analyst]

Hello Readers,

I need an urgent advice on my H-1B Visa status as below -

Current H-1B is Expired.
I-94 is on last week of expiration. (Considering as Expired for the sake of saying)
H-1B Extension filed by Employer and receipt received but status is Pending.

What is my current status in USA? Am I good to fly back to India as I have a travel plan at the end of this month? What steps should I take in case to make sure I am good for future?


Thanks in Advance.

[kabkaba]

You are allowed to stay in the US and work for 240 days based on your pending petition.

However, if you leave the US, it is possible that extension of status part of the H1B petition may be denied. (Petition approved without I-94). If that happens your stay beyond current I-94 date may be deemed as illegal. Also, you will not be able to return to US until the petition gets approved. So it is better to upgrade to premium and get approval before your leave the US.

[Quality_Analyst]

You are allowed to stay in the US and work for 240 days based on your pending petition.

However, if you leave the US, it is possible that extension of status part of the H1B petition may be denied. (Petition approved without I-94). If that happens your stay beyond current I-94 date may be deemed as illegal. Also, you will not be able to return to US until the petition gets approved. So it is better to upgrade to premium and get approval before your leave the US.

Thanks kabkaba.

[Quality_Analyst]

You are allowed to stay in the US and work for 240 days based on your pending petition.

However, if you leave the US, it is possible that extension of status part of the H1B petition may be denied. (Petition approved without I-94). If that happens your stay beyond current I-94 date may be deemed as illegal. Also, you will not be able to return to US until the petition gets approved. So it is better to upgrade to premium and get approval before your leave the US.

Here is the current status on my case -
My Employer called USCIS and they told them that 'Case is Processing'. My Employer might follow in next couple of weeks. Now, this has build the confusion for me to go for Premium Processing or not. I need to fly India in first week of Nov'15.

Any suggestion on this will be appreciable.