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Travel on H1B while Extension pending .. (not return before Visa expiry)

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  • Travel on H1B while Extension pending .. (not return before Visa expiry)

    Hi There,

    I am planning to travel to India and my H1B extension is still pending.
    This is the family emergency situation. And I might not be able to come back by the time my current H1B Visa expires.

    Plan is:
    - Go to India
    - Hopefully H1B Extension is approved while I am in India.
    - Get new H1B Visa stamped on passport
    - Return to USA after stamping

    Is this possible?

    - Can I travel outside USA while H1B extension is pending?
    - Can I stay outside USA while H1B extension processing is going on and get Visa stamped in India when it is approved?

    Thanks in advance for your help with this.

    With Cheers,

  • #2
    You can do this.
    This is my opinion and not legal advice.


    • #3
      If the H1B extension gets approved with a new I-94 when you are outside U.S, then you will have to return that I-94 back to CBP to have a proper exit entry against that I-94 and get a new on at the POE when you return back.
      Not a legal advice. Use of this information is strictly at your own risk.


      • #4
        Thanks all for your replies.
        This is a BIG relief.