Travel while H1 Extension is Pending

[aksmks]

All Gurus,

Need your valuable opinion. Here is the scenario. I am planning to visit India in March/April.

1) The visa on my passport is valid till May 31st, 2004.
2) I have already applied for extension in 1st week of January.
3 ) Now when I re-enter US, I will be issued a new I-94 valid untill May 31st, 2004.

But in my visa extension application the I-94 number mentioned will be the old one. So does that mean my application gets invalid.
If so do I have to file for another H1 Extension before 31st May. Can we modify/reuse the application with new I-94 number.

The other option I was thinking of was going for premium processing.

Also if i file for a new extension application in last week of April and my I-94/Visa expires on May31st, what will be my status??
I think H1 Extension does not come under new visa cap.

I will really appreciate your help

aksmks

 

[ginnu]

Need your valuable opinion. Here is the scenario. I am planning to visit India in March/April.

1) The visa on my passport is valid till May 31st, 2004.
----- You can come back to US with valid Visa stamp before May 31st, 2004
2) I have already applied for extension in 1st week of January.
3 ) Now when I re-enter US, I will be issued a new I-94 valid until May 31st, 2004.
----- if your H1b extension is approved while you are out then get the H1 approval to be mailed to you in India, when you enter US then at POE show the H1visa Stamp AND H1 approval notice you will get I-94 till the validity of H1 approval, check the I-94 date if the POE officer gives wrong date on I-94 then ask for the supervisor. If you don’t get H1 approval in hand and enter with valid visa then you will get I-94 till May 31st, 2004
But in my visa extension application the I-94 number mentioned will be the old one.
----- I-94 # will remain the same but it will be extended, if you get H1 extension approved while you are back IN US then the new I-94 that will be attached with H1 extension approval will rule as it will be last action
So does that mean my application gets invalid.
------- H1 extension is not abandoned if one goes out of US ONLY Change of status is abandoned

You look confused if still confused you have H1 extension filing receipt and go for premium processing and pay the fees to USCIS and you will get H1 extension approved in 15-20 days in hand before you leave

 

[jaxen]

If you enter US and get a I94 based on old visa whose extension was pending , all you need to do after approval of that extension is to file I102 at the local office or Port of entry and get a new I94.

 

[aksmks]

Ginnu/Jaxen,

Thanks for your respective replies.

Ginnu you are right, I am confused as when i wrote to my attorney, she told me that it might be a problem. But after going through what all you guys have advised i think she her self is not very clear. I am almost 100% sure my visa extension won't get approved in next 4-5 months (Texas Center) unless I go for premium processing.

Ginnu, in case i come back and my new I-94 is valid till May31st, 2004, but that I-94 will be a new number, it wont be same number which I already have.

Jaxen, when i will get my visa extension done, hopefully i will be getting a new I-94, so I need I-102 to update the BCIS records with this new I-94.

Please correct me if I am wrong

Regards
aksmks

 

[aksmks]

Ginnu/Jaxen.

This is what my attorney wrote:

It will be a problem if you travel while the H-1B extension is pending. The I-129 Petition with USCIS has your current I-94 number. When you receive the H-1B approval notice, the I-94 will be extended until the expiration of your H-1B. However, if you travel while the application is pending, your request
for extension of stay goes away. When you enter the US, you will receive a new I-94 valid until May 31, 2004. This I-94 will be directing your status (not the one from the H-1B extension application because you travelled outside the US). Thus, you will have to re-file for an extension of status before May 31, 2004.


regards
aksmks