I-94 Expiry, H1 Extension Pending

[abhayg4]

Hi OP,

It is never said/mentioned by anyone that If you leave then it is ILLEGAL.

It is just said that Leaving the country when extension application is pending is never advisable as it leads to other issues/consequences like having two I-94;s (one from extension petition and other from POE when you come back)...then you have to figure out which one is most recent one/which one is effective etc etc.

If you think that you cannot avoid your Trip and you want decision also for your extension., then as advised before go for PREMIUM PROCESSING ----if your employer is not ready for it...then you can pay for it...it is $1000..its expensive but it will peace of mind for you.
Also if extension approved then you can carry original I-797 also with you while going for your Visa re-stamping (if expired)..

Thanks and Regards,
Abhay

[Kudla]

[COLOR="DarkGreen"]If you leave, it is not illegal. You are not breaking any law by leaving the country. You are just messing up your chances of getting an extension (you may or may not get an extension when you leave the country depending on when the application is taken for processing).

I got it. I have corrected it to 'not advisable'.

You had 6 months to file the extension, waiting till the last minute is your mistake. Also, there is a premium processing service available to overcome these situations.

We had filed the extension petition in April (approx. 5 months before expiry), got a RFE in July and replied for that in end July.

Hi OP,

It is never said/mentioned by anyone that If you leave then it is ILLEGAL.

It is just said that Leaving the country when extension application is pending is never advisable as it leads to other issues/consequences like having two I-94;s (one from extension petition and other from POE when you come back)...then you have to figure out which one is most recent one/which one is effective etc etc.

If you think that you cannot avoid your Trip and you want decision also for your extension., then as advised before go for PREMIUM PROCESSING ----if your employer is not ready for it...then you can pay for it...it is $1000..its expensive but it will peace of mind for you.
Also if extension approved then you can carry original I-797 also with you while going for your Visa re-stamping (if expired)..

Thanks and Regards,
Abhay

I got your point. Thank you.

[Kudla]

Extension petition approved.

I got my extension petition approved today.

Thanks guys!!