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Travelling on Expired H1 Visa when extension application is pending with USCIS

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  • Travelling on Expired H1 Visa when extension application is pending with USCIS

    My H1B visa has expired on Sep 2015. Application for application has been filed which is pending with USCIS, I have received the receipt number.
    I have to travel to India for urgent family reasons as soon as possible when the decision is still pending. Will travelling out of states void my extension application?
    OR
    Can I travel to India and wait for the decision. when it gets approved I get the stamping done and return to US after that?

  • #2
    If you travel outside when the application is pending, then your extension of stay will be denied. However, H1B can get approved (approval without a new I-94). Meaning, if you had to travel out, then wait for the H1B petition to get approved, get it stamped and return back.
    Not a legal advice. Use of this information is strictly at your own risk.

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