went out and came back to USA while H1 B Extension case was pending with USCIS

S

singhss

Registered Users (C)
My current H1 visa/stamping is valid till 3rd Feb, 2007 and my company has filed for H1 B extension on 6th Nov,2006.

Due to some family emergency, I made a short trip to India in December 2006 while my H1 B extension case was still pending with USCIS.

Would like to know that
1. should I once again file for H1 extension petiotion (since existing one got voided as I went out to USA while Extension case was pending with USCIS)
or
2.the same extension case is still valid(despite my India travel in December) ??

Thanks in advance for your inputs!!
 
singhss said:
My current H1 visa/stamping is valid till 3rd Feb, 2007 and my company has filed for H1 B extension on 6th Nov,2006.

Due to some family emergency, I made a short trip to India in December 2006 while my H1 B extension case was still pending with USCIS.

Would like to know that
1. should I once again file for H1 extension petiotion (since existing one got voided as I went out to USA while Extension case was pending with USCIS)
or
2.the same extension case is still valid(despite my India travel in December) ??

Thanks in advance for your inputs!!
Click to expand...
Only Change of status is abondned NOt extension
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
 
GotPR? said:
It should be still valid.
Click to expand...
my lawyer says as below and its confusing me ..

"the petition should be filed again as you have traveled out of US when your extension was filed with USCIS based on your old I-94 # and now when you re-entered a new I-94 # is been issued which doesn’t match with the extended I-94 petition."

please help me to understand.
 
my lawyer says as below and its confusing me ..

"the petition should be filed again as you have traveled out of US when your extension was filed with USCIS based on your old I-94 # and now when you re-entered a new I-94 # is been issued which doesn’t match with the extended I-94 petition."

please help me to understand.
 
USCIS published memo reiterating departing the US during pending extension is treated differently from pending change of status.
Memo was posted in post#3, you should show it to lawyer.
 
GotPR? said:
USCIS published memo reiterating departing the US during pending extension is treated differently from pending change of status.
Memo was posted in post#3, you should show it to lawyer.
Click to expand...


Thanks for the reply!
I will show the same to my lawyer.
Could you please send me the URL where USCIS published memo in Post # 3 ??
 
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