travel while EOS in process

S

sid_ashar

New Member
1. My current H1B expires 11/30/2002 and my employer has filed for an EOS and that is still pending. While the application was pending, I did recently (middle october) travel abroad for work and re-entered the US (had a valid H1B stamp from the mumbai consulate expiring 11/30/2002) and the INS agent at the POE looked at the INS receipt for the EOS and put a 11/30/2005 expiry date on the new I-94. Do I need to do anything with this I-94 with regards to informing the INS since i was using the same permit from before to re-enter?

2. Have upgraded my EOS app to premium so should be expecting a reply in the next 10 days or so but I have to travel again middle of november. I am not planning on going to India during this trip so was wondering if I could still use the old but still valid permit to re-enter and show the INS agent at the POE the new permit for the I-94? I expect to return by 11/23.

Thanks for the help.

-Sid
 
1. You did good. If everybody who asks the question "can I travel while EOS is pending ", did what you did (i.e. show the EOS receipt to enter US) then there is no issue of abandonment. Since you are with the same company, I dont think you need to do anything with the I94. Just submit this (instead of the one that comes with h1 approval) while going out of US.

2. Yes you can use the I797 approval and old stamp in the passport(expired or unexpired) to enter US again.
 
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