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I94 expired, H1 expired, H1 sent for premium processing, can i travel outside

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  • I94 expired, H1 expired, H1 sent for premium processing, can i travel outside

    Appreciate your reply on my case as below

    I94 expired : 11/12/08
    6th yr H1 expired : 11/12/08
    7th yr H1 Extn sent for premium processing : 11/10/08 (PERM filed over 365 days, not yet recvd)


    Qtns:
    1) Need to travel urgently to india 11/25 mostly before H1 gets approved, when i leave, at airport will submit EXPIRED I-94. So will i be "unlawful presence" or "out of status" when i leave as submitting 10 days over expired i94

    2) H1 Extension gets approved when in india, can i go to consulate with H1 ext approval for stamping, any issues ?

    3) While re-entering US on 12/15/07 or whenever after approved H1 extension 797 & stampedVisa , will there be any issues as may show "unlawful presence" or "out of status" in USCIS records ?

    Thanks & God bless

  • #2
    Risky to travel unless absolutely necessary. Refer to "cloning" posts on the forum.

    1. No issues. Carry proof that H1b was applied before I-94 expired while returning. No one cares while you leave.

    2. No issues. What if it results in a lengthy delay?

    3. No. Refer to 1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks

      If all 3 points are no issues, why is it risky to travel ?
      Also since i have filed H1B Premium, i am hopinfg no lenghty delay

      Please reply

      Thanks & God bless

      Comment


      • #4
        cloning ?

        Also how do i find the cloning posts, can u please send the link/s

        Comment


        • #5
          Use the search functionality on the forum.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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