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travel on valid H stamp and pending extension
- Thread starter azzuri
- Start date
Generally travel when a petition for extension is pending is not advised. The problem is that your H1 extension approval will come with the current I94 you have. whereas, when you travel and come back in you will have a different I94. So your new I94 will lose its validity, so will you lose your status.
So after approval you need to get a new I94 reflecting the new I94 expiry date by filing I102 in the local INS office or by going to the POE. Both have their risks, they can reject your I102 and force you out of country.
So after approval you need to get a new I94 reflecting the new I94 expiry date by filing I102 in the local INS office or by going to the POE. Both have their risks, they can reject your I102 and force you out of country.
Not sure I understand it : Coming back to the US, I get I-94 on the airport with old expiry date. Later with approved I-797 comes new I-94 with new expiry date (after extension), which I assume becomes the valid one. When leaving the country next time, I would give both I-94s to the airline assistant. Is anything wrong here ?
Another question related : my H-1B expired in Aug 2003 (last I-94 shows that), extension was filed in June 2003, I-797 approval with new I-94 came in Sep 2003. I am planning to go overseas in Feb-2004 and give both I-94s to the airline assistant. Do I have to file I-102 in addition to that before leaving US ?
Another question related : my H-1B expired in Aug 2003 (last I-94 shows that), extension was filed in June 2003, I-797 approval with new I-94 came in Sep 2003. I am planning to go overseas in Feb-2004 and give both I-94s to the airline assistant. Do I have to file I-102 in addition to that before leaving US ?
Not sure I understand it : Coming back to the US, I get I-94 on the airport with old expiry date.
------ You will get new I-94 till the validity of your H1b visa stamp at POE
Later with approved I-797 comes new I-94 with new expiry date (after extension), which I assume becomes the valid one.
------- If H1B is extension is approved after your entry to US then the extended I-94 is valid but if H1 extension is approved while you are out of US and then enter with Visa stamp then that I-94 rules because that is the LAST ACTION. If your H1b is approved while you are out of US get your H1 approval mailed to you out of US and at POE show your passport Visa AND new H1 approval Extension and at POE you will get I-94 validity till your H1 approval and you will not have any problem.
When leaving the country next time, I would give both I-94s to the airline assistant. Is anything wrong here ?
-------------- I hope I cleared above
Another question related : my H-1B expired in Aug 2003 (last I-94 shows that), extension was filed in June 2003, I-797 approval with new I-94 came in Sep 2003. I am planning to go overseas in Feb-2004 and give both I-94s to the airline assistant.
----------- it means you have H1 extension notice approved with you. You have 2 options: Get new H1B stamp from consulate based on extended H1 approval OR enter with Valid H1B visa that is valid and show your H1B approval at POE and get new I-94.
**** Your statements confuse because in earlier post you said that your H1B extension is pending and you have valid Visa stamp that expires in 2 months.
Do I have to file I-102 in addition to that before leaving US ?
----- post your actual situation
------ You will get new I-94 till the validity of your H1b visa stamp at POE
Later with approved I-797 comes new I-94 with new expiry date (after extension), which I assume becomes the valid one.
------- If H1B is extension is approved after your entry to US then the extended I-94 is valid but if H1 extension is approved while you are out of US and then enter with Visa stamp then that I-94 rules because that is the LAST ACTION. If your H1b is approved while you are out of US get your H1 approval mailed to you out of US and at POE show your passport Visa AND new H1 approval Extension and at POE you will get I-94 validity till your H1 approval and you will not have any problem.
When leaving the country next time, I would give both I-94s to the airline assistant. Is anything wrong here ?
-------------- I hope I cleared above
Another question related : my H-1B expired in Aug 2003 (last I-94 shows that), extension was filed in June 2003, I-797 approval with new I-94 came in Sep 2003. I am planning to go overseas in Feb-2004 and give both I-94s to the airline assistant.
----------- it means you have H1 extension notice approved with you. You have 2 options: Get new H1B stamp from consulate based on extended H1 approval OR enter with Valid H1B visa that is valid and show your H1B approval at POE and get new I-94.
**** Your statements confuse because in earlier post you said that your H1B extension is pending and you have valid Visa stamp that expires in 2 months.
Do I have to file I-102 in addition to that before leaving US ?
----- post your actual situation
I see, sorry for confusing and thanks for a detailed explanation.
First question is my wife's case. Her H-1B is valid until Apr-2004 and she will travel overseas in Feb-2004. She will file H-1B extension in Dec-2003 so in regular processing she may expect approval in Apr-2004 while in premium processing in Jan-2004. All we want to make sure is to check if it is OK that she travels on a pending H-1B extension and returns before H-1B extension is approved thus regular processing would be sufficient.
Second question is my case and I raised it after I saw Jaxen's reply on filing I-102. I thought I had to file it before travelling in Feb-2004 to reflect my new I-94 expiry date from my H-1B extension approval. Now I see both in Ginnu's and Jaxen's posts that this can be done on POE while returning back to US (pls. correct me if I am wrong). To be more accurate - I will have new H-1B in the passport before I go as I send my passport for revalidation.
First question is my wife's case. Her H-1B is valid until Apr-2004 and she will travel overseas in Feb-2004. She will file H-1B extension in Dec-2003 so in regular processing she may expect approval in Apr-2004 while in premium processing in Jan-2004. All we want to make sure is to check if it is OK that she travels on a pending H-1B extension and returns before H-1B extension is approved thus regular processing would be sufficient.
Second question is my case and I raised it after I saw Jaxen's reply on filing I-102. I thought I had to file it before travelling in Feb-2004 to reflect my new I-94 expiry date from my H-1B extension approval. Now I see both in Ginnu's and Jaxen's posts that this can be done on POE while returning back to US (pls. correct me if I am wrong). To be more accurate - I will have new H-1B in the passport before I go as I send my passport for revalidation.