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Visit another country during H1B extension

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  • Visit another country during H1B extension

    Hi
    I am in US on H1B visa. My current visa will expire on July, 2011, and my employer is filing for an extension for 8months(I will complete 6 years then). I did not apply for Green Card.
    Now I am planning to visit another country(not my home country) for approximate 10 days in Mar, 2011. So, when I will reenter to US, I will still hold a valid unexpired visa. But, by that time my H1B extension application probably be with USCIS.

    Now my question is, can I have problem in immigration(to reenter US) since my visa will expire in 4 months and also there will be a pending application. Let me know if another country visit is not a good idea at this moment.

    Thanks
    Jonny

  • #2
    Since you will get a new I-94 after your return, extension of status part of the petition may have a problem. It is better if your company files after you return. There should not be any problem in your return though.
    This is my opinion and not legal advice.

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    • #3
      It is never advisable to travel outside the country when an extension is pending with USCIS. Like mentioned in the previous reply, file the extension after you return from your trip or file the extension now in premium process. By the time you are ready for your trip, you will know the decision of your extension. If the extension gets approved, then upon your return you can get an I-94 until the extended petition expiry date by showing the extended petition at the POE.
      Not a legal advice. Use of this information is strictly at your own risk.

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