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Can I travel to India

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  • Can I travel to India

    Hi ,

    My visa and I-94 will be expiring soon but my visa extension applied recently but I have't received the receipt . My question is, can I travel back to India with my expired I-94 n visa and with Acknowledgment of visa extension applied( withonly receiot number) .I will be back to USA as soon as I received my extension documents .
    Please answer me as it is very urgent for me.

    Thank u

  • #2
    Not advisable to travel when the extension is pending with USCIS. The extension might get denied if you exit the country. Even if the extension comes through, you will end up having two I-94's (One from the extension and one from the POE) and you will have to figure out your correct status expiry date using the last action rule.

    However, you will not have any issues when you exit. No one is going to check your visa or I-94 in the U.S airport when you exit.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      You can leave the US without any problems. But you will not be allowed return without an approved petition and valid visa.
      This is my opinion and not legal advice.


      • #4
        You can surely leave the country. No problems there.

        But you will have to deal with a couple of scenerios on re-entry:

        a) What happens if your extension gets denied ?
        b) What happens if you get an RFE ? It is easier to deal with RFE when you are in US, and get quickly get in touch with your lawyer.
        c) Lets assume your extension gets approved when you are in India. USCIS will post your lawyer the approved I797 5-10 days after it gets approved. Then your lawyer will have to courier this original I797 to you in India. You will need the original I797 when you apply for your visa in India.

        Hence, I would highly advise not traveling until it gets approved. If you are in real rush, you can upgrade your petition to premium processing. I did that, and I got my approval within 7 business days. And an additional 7 days to get my I797 original.