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Travel while H-1B extension pending

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  • Travel while H-1B extension pending

    Hello,
    I am returning to the US on Jan 10th and my current H-1B visa stamp and I-797 is valid until Jan 15th. I have my H-1B extension application pending since Sep 10th of 2015 (about 4 months).
    My question is what will be the problem if my H-1B extension gets approved between now and Jan 10th? i.e. while I am abroad? I had travel for an emergency and didn't have a choice to wait until approval. Will I be able to ask to CBP official to give me the new I-94 date based on the new approved extension? Of course, I would only have the receipt notice WAC# with me at that time for the extension application and my current I-797 and not the new I-797.
    Please note that I have an EAD valid until Oct 2016. Will I be forced to use the EAD past Jan 15th until I'm able to re-enter the country on H-1B at a future date? I would really like to stay on H-1B if possible in this case.

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