Q: H1 Visa / I94 expires and traveling out of Country!

S

si72

New Member
Hello Sir,
Can you please help me resolve this situation?

I am currently on H1B. My Visa and I94 expires in Nov 2002.
I had applied for H1B extension in Jul 2002 . Given the rate of processing, I am told that it will consume 6 - 7 months to get
my new approval (I-797) papers.

I am planning to travel to India during Feb 2003 for vacation
and return during March 2003.
Since I may or may not get my H1 approval documents by that time, I am trying to explore if I could travel to India and then
wait for the Attorney to send me the new I797 -- then get it
stamped in India and then enter US.

Question:
With I797 and I97 expired, can I travel out of USA?
It is a good thing to leave US without extension approval
documents in my hand?
If the approval documents are delayed for some reason, My
employer has agreed to let me work in one of their offices
in India ( till I get the approval documents).

Will I have any issues at the port of entry?

Thanks for your valuable help.

Kind regards,
 
Not advisable

to travel when H1 extension is pending. However you can leave with the expired I94 , indicating that H1 extension is pending.

However if you prefer to wait for the H1 approval at home country, then your H1 needs to be set for consular notification (might involve filing of I824), which should be done after you leave US and can be done after approval is received . you can get a new visa stamp in US consulate
 
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