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Travel when H1b earlier stamp valid, extension processed

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  • Travel when H1b earlier stamp valid, extension processed

    Hi Guys,

    My current H1b visa stamp will expire in December-2012. My employer is already in the process of filing for an extension on my H1b and will be submitting it this week.
    I also have a trip planned to India in mid June for a few weeks and am confused how the extension may impact the travel.
    My question:

    1. In case my extension for h1b gets processed by the time I travel to India in June - does that mean that I need to get a renewed h1b stamped on my passport for the extension even though my current Visa stamp is valid till Dec 2012?

    2. If I don't want to get the new visa stamp for the extension stamped during my trip in June, is it okay to travel back on my existing visa stamp? Even though the extension is already approved?

    3. In case the extension is still in the process of being approved i.e. is pending - does that impact travel in any way since I already have a valid visa till dec 2012?

    Please let me know if anyone has experienced this situation before.

    Cheers!

  • #2
    My current H1b visa stamp will expire in December-2012. My employer is already in the process of filing for an extension on my H1b and will be submitting it this week.
    I also have a trip planned to India in mid June for a few weeks and am confused how the extension may impact the travel.
    My question:
    >>> When is your I-94 expiring? You cannot file the extension 6 months before the I-94 expiry date.

    1. In case my extension for h1b gets processed by the time I travel to India in June - does that mean that I need to get a renewed h1b stamped on my passport for the extension even though my current Visa stamp is valid till Dec 2012?
    >>> You are not suppose to leave the country when the extension is pending with USCIS. The extension of status can get denied. Even if it gets approved, you will end up with multiple I-94s which will cause status expiry confusions. There are so many posts that discuisses this. Search and read them. Either file the extension, get it approved and then leave the country (you have to submit all the I-94 when you leave the country including the one that comes with the approval) or come back from vacation and then file the extension.

    2. If I don't want to get the new visa stamp for the extension stamped during my trip in June, is it okay to travel back on my existing visa stamp? Even though the extension is already approved?
    >>> Yes.

    3. In case the extension is still in the process of being approved i.e. is pending - does that impact travel in any way since I already have a valid visa till dec 2012?
    >>> Yes. The EOS may get denied. Read the above answers.
    Not a legal advice. Use of this information is strictly at your own risk.

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