| Author | Message | ||
Jambalahaart_raja Side Hero Username: Jambalahaart_raja Post Number: 7267 Registered: 07-2008 Posted From: 24.45.107.249 Rating: N/A |
1. You are free to go-and-return to US before the H1-B Visa Stamp Expire Date in your Passport, irrespective of a Pending or Approved Extension Petition, or changed I-94 etc etc. 2. After the Visa Stamp Expire Date, you are free to go out, but cannot return without a Valid Stamp again, and to receive a valid stamp, you'll need an Approved Extension Petition Notice. 3. You can stay in the country with an Expired Visa Stamp and a Pending Extension Petition, until the petition is approved. If the Petition is Declined, you may Demand for an Explanation, and eventually resubmit relevant documents, and thereby buy some more time, or you'll get 30 days grace to switch employers and get a Extension Petition Filed again. Good Luck. "Chill Bro. I told you to let it go!!" - The Budhha. | ||
Whitecollar Comedian Username: Whitecollar Post Number: 1381 Registered: 03-2016 Posted From: 174.53.34.217 Rating: N/A |
That is COS bhayya.. two options, extensions or Consular processing.. COS/Extension comes with I-94 (Same number as you apply H1 extension).. Consular processing will not have the I-94. Last year, when my friend was coming from India with 2 months of H1 validity.. The CBP Officer did not allow him to enter for a long time. In the customs declaration, he declared some gold. Then CBP office asked why are you bringing gold ani.. Then my friend said, this is for my daughter in US.. Then CBP realized that the family is here and let him in.. As per rule, you can enter until the last day of the visa.. But oka mula sankha CBP officer dorikithe cheppalem.. | ||
Bayarea_bullodu Comedian Username: Bayarea_bullodu Post Number: 1462 Registered: 07-2012 Posted From: 172.12.85.112 Rating: N/A |
Thanks Bro. I am not applying for COS but a H1-B extension. To be on safer side, can I file my extension after I come back? That will still give me 45-50 days until the expiration. | ||
Whitecollar Comedian Username: Whitecollar Post Number: 1379 Registered: 03-2016 Posted From: 174.53.34.217 Rating: N/A |
Bro, if you are applying COS, you need to be in this country. When you apply H1 now, you will get the same I-94 number in the new H1B approval notice. If you travel during this time, the I-94 number will change. So, it will not be COS. you might have to get the visa stamped for re-entry. This is just my understanding.. If you get approval before travel, then you need to go for stamping due to I-94 number again. | ||
Bayarea_bullodu Comedian Username: Bayarea_bullodu Post Number: 1461 Registered: 07-2012 Posted From: 172.12.85.112 Rating: N/A |
Thanks for the response. I see it is mentioned differently in the forums and immigration websites: https://www.usavisanow.com/h-1b-visa/h1b-visa-resources/trav elling-while-an-h-1b-petition-is-pending-at-uscis/ An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U.S. to continue the previously approved H1B employment. | ||
Uno Junior Artist Username: Uno Post Number: 625 Registered: 03-2016 Posted From: 174.115.80.19 Rating: N/A |
I don't much about the H1 extension based on i-140,but in regular extension,if you leave country while your extension is pending,your application will be considered as abandoned Consult your attorney for legal opinion http://i.imgur.com/eYa3sx7.gif | ||
Bayarea_bullodu Comedian Username: Bayarea_bullodu Post Number: 1459 Registered: 07-2012 Posted From: 172.12.85.112 Rating: N/A |
My current H1-B Visa stamp and I-94 is valid until June, 2017. However, my 8th year H1- B extension (based on I-140) is planned to be filed with USCIS in the next couple of weeks in regular processing mode. I have an upcoming international trip in March for 10 days and given the processing times of USCIS, I will most likely not receive the approval before I leave and return back to USA. I read on multiple forums that I can safely return back to the USA after my trip using my unexpired visa stamp and at the port of entry, a new I-94 will be issued with the end date as my current H1-B petition i.e. June 2017. 1.) Please confirm once again if my understanding is correct and there won't be any impact to the extension petition that is pending for decision. 2.) Okavela miracle jarigi approval ochesthey march lopala,what are my options? 3.) What, if I get the approval during my 10 day trip? TIA. |