International Travel while H1-B extension pending

N

navdod

Registered Users (C)
Hello folks,
My current (3yrs) H1-B expires on Mar 31 2004, my immigration dept folks applied for an extension recently, who said that once the application is sent to BCIS, I cannot leave the country.
Is that true? I heard that as long as you have a valid visa, we can travel abroad.
Unfortunately, I might have to travel India and was wondering if it was ok if I completed my international travel before my current visa expired (on Mar 31 2004).

Appreciate your input.
 
thats absolutely baseless. as long as you still have your valid visa and still have valid I-94 till March 2004 , you are free to leave and come back.
the extension doesnot matter for you since your visa and I-94 has not expired yet.
 
AtlGC is right; you can travel outside and come back to US as long you have a valid visa.

If your extension case is already pending with BCIS trip, wait for extension to come through.

At port of entry, you can get I-94 with new approval date after showing extennded H1 Status. If you enter using your old visa, INS will stamp (I-94) only upto validity of the last Visa.
 
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somewhat true

Hi,

I think what your lawyer said is somewhat true. According to my lawyer, it will be a problem if your extension is approved while you are oversea. Apparently, your extension is effective as soon as it is approved, and if you come back to US using the old H1B approval notice then you are misrepresenting yourself. So, if you are sure that the extension would not be approved while you are away and you have a valid visa stamp then you are ok.
 
So, if at the time of re-entry into US on my old and valid H1-B the extension is approved (highly unlikely) what would you suggest I do.

Also what does EOS (extension of stay = 3yr H-1B extension?)
what is COS?
Is it true that if you put your H1B application through premium process the chances of getting it approved are higher?
Does the new H1B cap effective Oct1 2003 mean that the processing times for H1B visas be lower (<11 months in CA service centre!)

Thanks for your input guys.
 
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