H1-B Extension pending - need to leave the country

K

kerstengg

New Member
Hi guys, I would need some advice. My H1-B visa extension (7th year) is still pending (premium processing, I expect it now any day) but I have to leave the country this Saturday for business purposes.

I know I am not supposed to leave until the visa is approved. If I get the entire approval package fedexed to me and since I need to go to the Consulate/Embassy anyway it really wound't matter getting it sent to my home address or dispatched overseas by my company.

What's the worst that could happen? E.g. the visa gets approved on Tuesday, do they check then whether I am in the country and it could get denied?

Thanks much guys, much appreciated,
Kersten
 
Do you already have a valid visa in your passport? If yes, there shd. not be any prob. coming back.....maybe you can also take your receipt notice, so if necessary on POE the officer can check on ur status.

Get the LIN (or WAC) number and verify on the website. It just took 3 business days!! for my premium 7th yr extn. to get through. But if you can postpone your trip, just do it........
 
thanks...

thanks for your reply and yes, I do have a valid H1-B visa stamped in my passport, it expires Nov. 15 and I will have the new approval notice fedexed to me in the UK and will then apply for the visa stamp for the extension over there.

I would have to leave tomorrow and if the approval notice doesn't come today it will probably arrive on Monday or Tuesday the latest. So you guess there won't be a problem being out of the country when the visa gets (hopefully) approved?

Thanks again so much,
Kersten
 
kerstengg said:
thanks for your reply and yes, I do have a valid H1-B visa stamped in my passport, it expires Nov. 15 and I will have the new approval notice fedexed to me in the UK and will then apply for the visa stamp for the extension over there.

I would have to leave tomorrow and if the approval notice doesn't come today it will probably arrive on Monday or Tuesday the latest. So you guess there won't be a problem being out of the country when the visa gets (hopefully) approved?

Thanks again so much,
Kersten
Click to expand...
I'm not so sure .... long back my attorneys advised me against any travel abroad when H1 extension was pending.
It had to with my I-94 which would get invalid if I left the US (and that's the same I-94 which would be attached to the bottom on the 797 form)

Think about what might happen in case the approval doesn't come in 2 days & you have to come back to the US (before Nov 15th) .... then its a real mess as you'll now have a new I-94.

What's your attorney's thoughts on this ? Please check before assuming that it would be OK.
 
I'm not sure, but potential issue i can think of is departure# of I94.
When you applied for H1 extension, you submitted I94 and new I94
sent to you upon H1 approval will carry the same departure#.
But since you go out of the US and come back, you'll get new I94 at
POE which has different departure# from the one USCIS has issued for extension.
I donot know how much problem this creates, some people says it's OK, but some says it's not...
 
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