Travel with H-1b extension pending

[rsemwal]

All,

I am working on H-1b and my first three years for H-1 would expire in Feb 2005. I would need to apply for extension for the next three years. I have the following questions:

1. What is the earliest I can apply for H-1b extension when my current H-1b is expiring in Feb 2005.

2. Once my petition is filed for H-1b extension and it is not approved yet, can I leave US for India on vacation and come back before Feb 2005. Please note that my current H-1b stamp is valid until Feb 2005 and I am still working for the same employer as mentioned in stamp.

I would appreciate if someone could please answer my query.

Thanks,
Rajesh

 

[ginnu]

All,

I am working on H-1b and my first three years for H-1 would expire in Feb 2005. I would need to apply for extension for the next three years. I have the following questions:

1. What is the earliest I can apply for H-1b extension when my current H-1b is expiring in Feb 2005.
----- 6 months advance of H1 expiry or I-94 expiry make sure the lawer/employer get LCA for for 3 years
2. Once my petition is filed for H-1b extension and it is not approved yet, can I leave US for India on vacation and come back before Feb 2005.
---YES
Please note that my current H-1b stamp is valid until Feb 2005 and I am still working for the same employer as mentioned in stamp.
------ YES you can come back with same Visa stamp but if your H1 extension gets approved while you are out of US then employer or lawyer shold mail you the H1 ext approval notice and at POE show passport visa stamp AND new H1 approval notice and you will get new 94 till the validity of H1 ext approval
I would appreciate if someone could please answer my query.

Thanks,
Rajesh