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I current H1B expires on Dec 11th. Here's my plan - I want to apply for extension (4th yr) now, go for vacation and come back just before the visa expires (Dec 7th). But my lawyer says that if I leave the country while my H1 extension is pending then my application is assumed to be...

My H1B is expiring (and so is the visa) on Decemeber 11, 2003. I need to file for extension. But I also want to go for vacation :) - coming back on either December 7th (highly preferred) or November 30th. I have a few questions - 1. Is it ok to come back 4-11 days before H1B/visa expires...