Is it legal to travel abroad after applying for H1B/H4 Extension?

R

rajeshomallur

New Member
Here are my details:

Reached US in Nov-2006
H1B expires on: 30-Sep-09
Familiy's visa H4 expires on: 30-Sep-09
Family is planning to go to India in: May 09
I am planning to go in July and come back with family by end of Jul

Please advise me which of the followings is better.

1. Apply for H1 and H4 extensions by earliest possible date (1-Apr).
2. Apply just before I am travelling to india. i.e., July
3. Apply after coming back from India. i.e., by 1st of August

Does the status become not acceptable if I go out while H1 visa extension is in process (since I-94 will be given back to Immigration dept when you go out)?

Thanks
 
Last edited by a moderator:
I have the exact same question. Have applied for H1B extension(current petiton expires in July 09), can I travel to India while the extension is in progress.
If so once the extension comes can I use that petition and go for revalidation to the US consulate in India.

Thanks,
Ram
 
rajeshomallur said:
Here are my details:

Reached US in Nov-2006
H1B expires on: 30-Sep-09
Familiy's visa H4 expires on: 30-Sep-09
Family is planning to go to India in: May 09
I am planning to go in July and come back with family by end of Jul

Please advise me which of the followings is better.

1. Apply for H1 and H4 extensions by earliest possible date (1-Apr).
2. Apply just before I am travelling to india. i.e., July
3. Apply after coming back from India. i.e., by 1st of August




Thanks
Click to expand...
You ALL are coming back in July End and when you come back you all will get I-94 till Visa stamp validity that is 30-Sep-09. Once you all reach USA then file H1 extension and H4 extensions in US. H1 or H4 extension Petition Must Reach USCIS before your and your dependents I-94 gets expired (you all will get new I-94 when you come back in July). You can apply H1 and H4 extensions in August(make sure lawyer send Extensions on time)
 
But the question here is whether it is legal to go out while the extension is under process?

OR

Can USCIS reject a request because you are not in this country while your request is being processed? Since you are giving the I94 back when you exit, the status is tracable.
 
rajeshomallur said:
But the question here is whether it is legal to go out while the extension is under process?

OR

Can USCIS reject a request because you are not in this country while your request is being processed? Since you are giving the I94 back when you exit, the status is tracable.
Click to expand...

Consider that H1 can be applied while beneficiary is abroad. H1 is not your petition but employer's, and it doesn't matter where you are.
 
Last edited by a moderator:
GotPR? said:
Consider that H1 can be applied while beneficiary is abroad. H1 is not your petition but employer's, and it doesn't matter where you are.
Click to expand...

Thanks ginnu and gotPR?.

Is it actually an extension of H1 or I94 happening when you request for extension? If it is I94, then again what 'gotPR' said may not be applicable here. Any thoughts?
 
First, read this.
http://www.uscis.gov/files/pressrelease/Travpub.pdf

Second, in your scenario, I-94 attached to I797A will be wasted, but I don't see it as an issue because you legally reenter the US with valid visa later.
I-94 dictates your status in the US, but while you are abroad, I-94 means nothing, therefore all matters to you is H1 approval alone.
 
GotPR? said:
First, read this.
http://www.uscis.gov/files/pressrelease/Travpub.pdf

Second, in your scenario, I-94 attached to I797A will be wasted, but I don't see it as an issue because you legally reenter the US with valid visa later.
I-94 dictates your status in the US, but while you are abroad, I-94 means nothing, therefore all matters to you is H1 approval alone.
Click to expand...

Link to Memo is for CHANGE OF STATUS and not for extension of status.
OP and his/her dependents can file H1 or H4 extensions when come to US.
 
rajeshomallur said:
Thanks ginnu and gotPR?.

Is it actually an extension of H1 or I94 happening when you request for extension? If it is I94, then again what 'gotPR' said may not be applicable here. Any thoughts?
Click to expand...
when you are in US and file H1 or H4 extension it is H1 or H4 status extension and I-94 is also extended and attached with approval notice if USCIS extend the H1 or H4.
 
ginnu said:
Link to Memo is for CHANGE OF STATUS and not for extension of status..
Click to expand...
The statements on the first page of that memo clarifies the concern of the OP.

"Current service policy does not preclude an alien from traveling outside of the United States while a request for an extnsion of temporary stay is pending with the Service."
 
Thank you all for the clarifications.

After hearing the latest developments, I am planning to cancel my trip. Many people are getting rejections at POEs even those who were coming back after vacation.
 
rajeshomallur said:
Thank you all for the clarifications.

After hearing the latest developments, I am planning to cancel my trip. Many people are getting rejections at POEs even those who were coming back after vacation.
Click to expand...

Where did you read that if person has valid H1 visa stamp and job in US are getting rejected at POE? What do you mean by rejection at POE or by CBP officer?
 
H-1B visa still ok to let you in the country SEVERAL DAYS before it expires?

H-1B is expiring in 2 months. The person needs to travel abroad and will return 4-5 days before H-1B expires.
Can he come back with a (1) RECEIVED & PENDING Notice of Action for the H-1B renewal, and (2) APPROVED I-140?

After submitting H-1B extension request, how long does it usually take to get said Notice of Action? Thanks.
 
You must log in or register to reply here.
Top