H1B renewal and travel - please help!

[dharmagnana]

Hello All,

My sister is on H1B currently(first 3 year period) and it expires on March 31, 2005. We have a few questions:

1. When is the earliest she can apply for H1B renewal ?

2. Can she travel outside the US when an H1B renewal application is pending with USCIS?

3. If she cannot travel when a renewal application is pending(I suspect this is the case), then can she apply for renewal after she comes back into the country(Her travel dates are Dec 3 2004 to Jan 3 2005). Is there a minimum timeframe before the expiry date that the application has to be filed?

4. If in the event that her application is not processed by the current H1B expiration date, can she stay and work here until it is adjudicated?(I know it used to be you could stay for 240 days after your expiration date/until your application is adjudicated).

Thanks very much for your time and help,
--Dharma.

 

[ginnu]

Hello All,

My sister is on H1B currently(first 3 year period) and it expires on March 31, 2005. We have a few questions:

1. When is the earliest she can apply for H1B renewal ?
--- 6 months advance of her I-94 expiry date or any day before I-94 expiry date
2. Can she travel outside the US when an H1B renewal application is pending with USCIS?
------ yes
3. If she cannot travel when a renewal application is pending(I suspect this is the case), then can she apply for renewal after she comes back into the country(Her travel dates are Dec 3 2004 to Jan 3 2005).

Is there a minimum timeframe before the expiry date that the application has to be filed?
------ any day before her I-94 expires
4. If in the event that her application is not processed by the current H1B expiration date, can she stay and work here until it is adjudicated?
----yes, if extension filed and got the reciept of filing
(I know it used to be you could stay for 240 days after your expiration date/until your application is adjudicated).
---that is correct
Thanks very much for your time and help,
--Dharma.