International Travel During H1B Extension

[raghvi]

I guess its right to sum up the scenario like this:

1. Its ok to travel outside US when H1B extension is pending.
2. If it gets approved (which will in all Genuine cases) then apply for VISA outside US with new approved I127.
(Ask your company to mail it to your international residence)
3. Re-enter with new VISA and new I127.

The only problematic scenarios are:
1. When you re-enter US with old H1B visa. In that case I94 will be stamped with expiry of old visa (which will likely be in short future).
2. When you apply for visa with old H1B petition, then there will arise question about overstaying I94.
3. If its denied then you cant renter US (Which wont be denied in any genuine case).

We need to clearly rule out this "Abandonment of Status" scare that is getting propagated once you travel outside US during H1B pending.
Bottom line - If you are constantly under threat of H1B denial, then you are not working for worthwhile employer.

Comments are welcome

I would put it this way:
1. Travel outside US while a EOS/COS is pending with USCIS only when it is unavoidable.
2. If ones stay is expiring, file extension earlier rather than at last moment. If any reasons in filing extension at last moment then file extension in premium. USCIS gives ample time, its up to the extension seeker to plan appropriately.
3. Once visa expires, one needs a valid I797 to get a new one. Always try to keep Visa, I94, I797 in sync.
4. Going out of status should be avoided at all cost, as the longer the out of status period the more the questions during future GC processing.

Bottom line, - keep yourself aware of all the laws and follow them in letter and spirit. USCIS can not be held liable for one not knowing the law.

This is my opinion not legal advice.

[punapuna86]

I would put it this way:
1. Travel outside US while a EOS/COS is pending with USCIS only when it is unavoidable.
2. If ones stay is expiring, file extension earlier rather than at last moment. If any reasons in filing extension at last moment then file extension in premium. USCIS gives ample time, its up to the extension seeker to plan appropriately.
3. Once visa expires, one needs a valid I797 to get a new one. Always try to keep Visa, I94, I797 in sync.
4. Going out of status should be avoided at all cost, as the longer the out of status period the more the questions during future GC processing.

Bottom line, - keep yourself aware of all the laws and follow them in letter and spirit. USCIS can not be held liable for one not knowing the law.

This is my opinion not legal advice.

Balanced and Fair. Cant disagree with that!

"USCIS gives ample time, its up to the extension seeker to plan appropriately."
Sometimes things happen beyond all your control. I find that law firm itself is my biggest bottleneck. They are rather slow to act.

"Once visa expires, one needs a valid I797 to get a new one. Always try to keep Visa, I94, I797 in sync."
This rule is a golden rule. My present headache is because I violated the above! Always keep Visa & I797 in Sync. I94 will follow suit!