That’s not guaranteed. Once you travel while your extension of status is pending, you are actually abandoning your ‘i94’.
Once you abandon i94, USCIS is bound to convert your application to ‘consular’ processing if they get your travel info on time.
In many cases, USCIS does not get your travel info from airlines before they take a decision on your application and then it messes up all the chain.
It is your choice now. I am suggesting based on other people’s experiences. There is no reliable way of doing what you want to do and still be sure that new i94 will work fine.
If something goes wrong, USCIS will not take the blame. It will be you who would have the responsibility of maintaining your status.
If you do not want to upgrade to premium, my suggestion is to re-file extension once you are back in US.
Hi Anil. My status changed from OPT to H1B in Oct last year and I need to get a visa stamp the next time I leave the US. However I changed my designation and team within the same company I am working on and my company has submitted an H1B amendment and extension. In the post you had mentioned it is safe to travel abroad if you have a valid stamp already but in my case I will need to get a stamp. Is it still fine to travel abroad while my application is pending?
I have my H1B valid stamping until 25th Aug 2021. My wife has H4 valid stamping till the same date. I have 2 questions.
I have a new H1b extension (got my I797A) approved till Aug 2024.
If I travel to India and return before 25th August, is it required to have a Visa stamping with New approval dates
What will happen to mine and my spouse I94 after re-entry ? Will it be automatically updated to reflect new dates.
My current H1b Expires in Aug 2022. I am applying for a visa transfer in the next week and do not have any plans of working with the new employer until the transfer is approved.
while the transfer is still in progress, I see that there are no issues with the travel. But are we allowed to change employer when outside of USA? in other words, can I start working for my new employer after the transfer is approved while I am in india?
Also, do you know if there is a cap on when I should accept the new employment after the transfer is approved? can I come back to US and join the new employer?
my last question: If my transfer is approved when I am in india, can I go for visa stamping even though I am still working for my current employer and haven’t joined the new company?
Kindly assist how I can go to India and need to do stamping and comeback to USA
Recently got h1b extension approved. Dependent h4 extension still pending with USCIS.
my client is changed after extension and my current residential address mentioned in LCA.
Now due to some emergency I need to travel to India and comeback to US again at my current location.
For my new client I am working from remotely and will continue working from my current residential location. I am going to visit India without my family
There should be no issue with starting to work for new employer while in India. Note that H1B rules do not apply when a H1B employee is working outside of the US.
Yes you can join new employer after coming back to the US. If you don’t decide to join your new employer, you can continue working with your current employer even after the change of employer petition is approved. However you do need to let the new employer know so that they can withdraw the H1B.
Ideally you should use the I-797 from your current employer (active job) for visa stamping. You may use the I-797 from new employer if you intend to start working for new employer as soon as you enter back to the US.
Can I travel to India and come back while H1b Amendment (Relocation) in progress. I do have valid stamping. Earlier in 2017 i travelled with no issues. Is there any new rule in place?. Please help me.
Im with same employer. My extension + amendment(amendment is because Im working from home) has filed in Oct2021. Im planning to travel in Dec2021.
I have read your article. But I’m not clear because my situation is combination of extension & amendment even though I didnt change client or employer.
My questions are:
Can I travel while my petition is in progress?
If the petition is approved how do I recieve my i94?
If petition approved, Can I go for stamping after 3months from Dec2021(if slots are available)?
My Employer was about to file my h1 extension and i had to travel to India in emergency.
Before i could inform my employer, My extension got filed with USCIS. Am still in India.
My travel date- 22nd April ( Saturday)
Extension filing date - 25th April (Tuesday)
Will it impact my H1 petition application?
If i get an RFE, what kind of documents,i’ll have to submit.