Travelling while H1-B extension pending

S

skgeet

Registered Users (C)
All,
My H1-B extension is pending approval from USCIS. I have few months left on my current H1-B visa and I need to travel outside the US. My questions are as follows

a) Will this delay my H1-B extension in anyways?
b)I assume that I would get new I-94 on my re-entry in the US. But since, INS (USCIS) has information of my old I-94 so I was wondering that at the bottom of my pending I-797 which I-94 will it show and also will it (I-94) indicate extension of my stay?

Thanks
Sanjay
 
Your traveling abroad is independent of the pending extension and one will not affect the other. As for the I-94 you will receive at the time of your return to the US, you will receive a new I-94 with the current expiration of your H-1B since the immigration officials will not have record of your extension, even if it is approved by the time you enter the US.
 
Lana,
Thanks for your reply. Could you please also advise if my new I-797 will have the I-94 that I sent to them when applying for the extension or the one that I will receive when I re-enter the US, while my extension is pending.
Thanks
Sanjay
 
Originally posted by skgeet
All,
My H1-B extension is pending approval from USCIS. I have few months left on my current H1-B visa and I need to travel outside the US. My questions are as follows

a) Will this delay my H1-B extension in anyways?
---NO
b)I assume that I would get new I-94 on my re-entry in the US.
But since, INS (USCIS) has information of my old I-94 so I was wondering that at the bottom of my pending I-797 which I-94 will it show and also will it (I-94) indicate extension of my stay?
------- 1 when you enter on H1 Visa you will get I-94 till the date H1 visa stamp
--------2 if you get your extension H1 approved while you are out of US then get your H1 extension approval mailed to you and when you enter at POE show your passport Visa stamp AND H1 extension approval and you will get I-94 till the validity of H1 extensin date, check your I-94 date if CBP officer is only giving you I-94 till Visa stamp expiry date ask for the supervisor or point out to officer that you are supposed to get I-94 till your H1 extension approval notice.
3. just to give you example if you go out of US on 30 April and still your H1 extension is pending and you come back to US vith Visa stamp while your H1 extension is pending you will get I-94 till your H1 Visa stamp and once you are in US AND you get your your H1 extension approval AND you get new I-94 attached with H1 extension approval then that I-94 will be your latest I-94 according to LAST ACTION rule.
Sanjay
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