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Travelling while H1 ext. pending
- Thread starter boeing777
- Start date
Is it possible to get an extension before the old H1 expires? I am in a similar position, I have only a few months left on my current H1 and I don't have a valid visa stamp on my passport.
If I go out of the country, the US counselor may not give me a visa based on the fact that I will have slightly more than a month left on my H1. However, if I could get the extension thru premium processing before I leave, then I will have a better case and the new visa will (hopefully) be for a longer duration.
Can anyone advise? Thanks in advance.
If I go out of the country, the US counselor may not give me a visa based on the fact that I will have slightly more than a month left on my H1. However, if I could get the extension thru premium processing before I leave, then I will have a better case and the new visa will (hopefully) be for a longer duration.
Can anyone advise? Thanks in advance.
Explanation...
The primary issue for travelling when the H1 extension is pending is that the new H1 extension will come with an old I94, but you will have a new I94 (due to the fact that you are supposed to submit the old I94 while going out and get a new I94 while coming back).
Since the I94 that comes with the H1 approval provides you status to enable you to continue employment, ensuring the validity of I94 is important.
That is where the lawyer is coming. This problem has been fixed in the past by
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94
Many have succeeded thus, some have not (dont know what they did wrong-people who make mistakes dont want to admit in these forums)
Zamana: yes you can file for extension 6 months before current visa expiry and request a later start date. And you can do premium processing...
The primary issue for travelling when the H1 extension is pending is that the new H1 extension will come with an old I94, but you will have a new I94 (due to the fact that you are supposed to submit the old I94 while going out and get a new I94 while coming back).
Since the I94 that comes with the H1 approval provides you status to enable you to continue employment, ensuring the validity of I94 is important.
That is where the lawyer is coming. This problem has been fixed in the past by
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94
Many have succeeded thus, some have not (dont know what they did wrong-people who make mistakes dont want to admit in these forums)
Zamana: yes you can file for extension 6 months before current visa expiry and request a later start date. And you can do premium processing...
Jaxen,
Thanks for the reply but you confused me a bit.
My H1 extension is pending and I travel abroad. Assume I won't get my premium and come back with current H, which will be expired on Aug. I'll have a new I94 on my passport. My understanding is that INS might find out b/c this new I94 is different than the I94 I filed for the H1 extension, right?
Then why this two points as you mentioned will do anything with this? "1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94"
These all sound like I need to tell INS that I need another new I94?
Pls let me know ASAP as i'm traveling tomorrow.
Thanks for the reply but you confused me a bit.
My H1 extension is pending and I travel abroad. Assume I won't get my premium and come back with current H, which will be expired on Aug. I'll have a new I94 on my passport. My understanding is that INS might find out b/c this new I94 is different than the I94 I filed for the H1 extension, right?
Then why this two points as you mentioned will do anything with this? "1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94"
These all sound like I need to tell INS that I need another new I94?
Pls let me know ASAP as i'm traveling tomorrow.
No BCIS will not be concerned about the new I94. BCIS is giving you the extension based on the previous I94 - that you sent along with the application. They wont keep track of all the I94s you are accumulating and throwing away and adjust accordingly.
So you have to adjust the latest I94 to reflect the correct expiry date, so you do those things...
So you have to adjust the latest I94 to reflect the correct expiry date, so you do those things...
So you're saying that even with current H, as long as I come back before it expires and do one of the two steps you're been mentioned below, I should be fine?
I don't even need to do the premium processing for my H1-B extension - it's nice to have, but not have to have (because I thought I can' even use my current H to come back)?
By the way, I filed and receive the notice of my H1-B extension back in April.
Many thanks...
I don't even need to do the premium processing for my H1-B extension - it's nice to have, but not have to have (because I thought I can' even use my current H to come back)?
By the way, I filed and receive the notice of my H1-B extension back in April.
Many thanks...