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India travel with pending h1b extension


EvadaitheNakenti

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On 12/16/2022 at 7:50 PM, EvadaitheNakenti said:

Naku stamping March 2023 varaku undi. Is it safe to travel india in February? H1B ext processing lo undi

No issues. You can happily travel. If your new h1 is approved while you’re outside, make sure to get the new approval notice and show it in the POE so that you’ll get your I-94 extended too. If it’s not approved while you are away nothing to worry. You’ll be good with the extension when it’s approved after you are back.

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1 minute ago, ballibaja said:

No issues. You can happily travel. If your new h1 is approved while you’re outside, make sure to get the new approval notice and show it in the POE so that you’ll get your I-94 extended too. If it’s not approved while you are away nothing to worry. You’ll be good with the extension when it’s approved after you are back.

Not sure if its true. When a renewal is filed, its done as extension of status and not consular processing. On what basis can they approve if you travel while an extension is in progress. Existing status is the baseline for approving an extension, which no longer exist once left.

I guess if the officer processing the case doesn't actually verify the status on that day, approval may still come.

On 12/16/2022 at 6:50 PM, EvadaitheNakenti said:

Naku stamping March 2023 varaku undi. Is it safe to travel india in February? H1B ext processing lo undi

 

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3 hours ago, akkum_bakkum said:

Not sure if its true. When a renewal is filed, its done as extension of status and not consular processing. On what basis can they approve if you travel while an extension is in progress. Existing status is the baseline for approving an extension, which no longer exist once left.

I guess if the officer processing the case doesn't actually verify the status on that day, approval may still come.

 

I travelled many times bro. I confirmed this with my current employer attorney and previous attorney. The rule is in case if it gets approved while you are away you might not get I-94 with it. Either way you need to have your new i797 with you while returning back to get your i94 with the new extension date at poe. If it’s not approved, you are good to return back with your old i94 date and when the h1 gets approved your new i94 that comes with the approval kicks in.

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