Vacation in jeopardy, H1b extension

[savnya]

Hi,

The details are as follows:
1. My H1b stamping expiring on 11/18/2010.
2. I applied for my H1B extension in June, as of Sep it wasn't approved it was in pending status.
3. My vacation is from Sep 29th to Oct 14th.
4. I did upgrade to premium and USCIS recieved the request on Sep,22nd. The plan is that I will have the document sent to me in europe and will have it in hand before i re enter.

Given this, I have the follwing questions:
1. I believe that when I re enter I will get an I94 with expiration on 11/18/2010, between Oct 14th and Nov 18th is it enough time to go to Canada and get my visa stamped?

2. Or is this too risky a plan and I should ditch it?

[shervin143]

It is not advisable to travel outside the country when your extension is pending with USCIS. The extension will come with a new I-94. For that to happen, you need to be inside the country maintaining your H1B status. When your application is taken for processing, if your exit record shows that you are outside the country (There is no status when you have left the country), then your extension of status might get denied. Even if EOS is approved, you will endup having two I-94 (One that comes with the extension and one that you will get at the POE upon your return. That will cause confusion on when you status will actually expire).

[kabkaba]

If petition is approved while you are outside (with or without I-94) and you return with the new approval notice, your I-94 will be according to new approval notice. But, if an RFE is sent while you are outside, you will have to show old approval notice and get I-94 up to November. If this happens, your extension approval that comes later will have a different I-94 number (your old one), that will cause confusion as to your status. I am not even talking about what happens if petition is denied. Overall, it is not advisable to travel.

[savnya]

hi Guys,

As of today i did recieve my approval, i do not have the document in hand but I am going to have it in my hand before i enter the USA at the POE.

I have been advised that if i travel back to USA with the new I797 valid till 11/2012 i will have to get my visa stamped again before 11/18/2010.

[kabkaba]

As your petition is approved, you should show new approval notice at the POE to get I-94 according to new petition. If your Visa is valid on the day of entry, you do not need to get a new Visa, but if there is time to apply for one it is good to get it.