InSearch Posted September 15, 2021 Report Share Posted September 15, 2021 I have my current H1B status and stamped visa till 12/31/2021. My employer applied for extension of my H1-B in regular processing and it is currently pending. A. If I travel out of the country and comeback before 12/31, while my H1-B extension is pending. Will I get an RFE that says the submitted I-94 is invalid? or they will just issue I-797 without extended I-94 automatically? B. If I travel out of the country and my H1B extension gets approved without I-94 while I am abroad, can I comeback before 12/31 with the new I-797 and request CBP officer to give me new I-94 with the expiration date based on the new I-797 and not based on the old I-797? I am aware and understand it is not recommended to travel while the application is pending and can also use premium processing option to get the decision faster. I am exploring all possible options and knowing answers to above two questions will be helpful. Thanks in advance. as is avvo lo post chesina, no response. Meeru or mee friends situations or experiences unte share cheyyagalaru! Quote Link to comment Share on other sites More sharing options...
Picheshwar Posted September 15, 2021 Report Share Posted September 15, 2021 44 minutes ago, InSearch said: I have my current H1B status and stamped visa till 12/31/2021. My employer applied for extension of my H1-B in regular processing and it is currently pending. A. If I travel out of the country and comeback before 12/31, while my H1-B extension is pending. Will I get an RFE that says the submitted I-94 is invalid? or they will just issue I-797 without extended I-94 automatically? B. If I travel out of the country and my H1B extension gets approved without I-94 while I am abroad, can I comeback before 12/31 with the new I-797 and request CBP officer to give me new I-94 with the expiration date based on the new I-797 and not based on the old I-797? I am aware and understand it is not recommended to travel while the application is pending and can also use premium processing option to get the decision faster. I am exploring all possible options and knowing answers to above two questions will be helpful. Thanks in advance. as is avvo lo post chesina, no response. Meeru or mee friends situations or experiences unte share cheyyagalaru! Sorry bruh no experience. Quote Link to comment Share on other sites More sharing options...
Picheshwar Posted September 15, 2021 Report Share Posted September 15, 2021 @covid2021 Quote Link to comment Share on other sites More sharing options...
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InSearch Posted September 17, 2021 Author Report Share Posted September 17, 2021 Ltt Quote Link to comment Share on other sites More sharing options...
cloud Posted September 17, 2021 Report Share Posted September 17, 2021 On 9/15/2021 at 6:52 PM, InSearch said: I have my current H1B status and stamped visa till 12/31/2021. My employer applied for extension of my H1-B in regular processing and it is currently pending. A. If I travel out of the country and comeback before 12/31, while my H1-B extension is pending. Will I get an RFE that says the submitted I-94 is invalid? or they will just issue I-797 without extended I-94 automatically? B. If I travel out of the country and my H1B extension gets approved without I-94 while I am abroad, can I comeback before 12/31 with the new I-797 and request CBP officer to give me new I-94 with the expiration date based on the new I-797 and not based on the old I-797? I am aware and understand it is not recommended to travel while the application is pending and can also use premium processing option to get the decision faster. I am exploring all possible options and knowing answers to above two questions will be helpful. Thanks in advance. as is avvo lo post chesina, no response. Meeru or mee friends situations or experiences unte share cheyyagalaru! A . No issues if u have visa , at poe you can show pending i797 . Your application will not be rejected . Only change of status applications should not travel out of us b . At poe get ur latest i94 updated Quote Link to comment Share on other sites More sharing options...
InSearch Posted September 17, 2021 Author Report Share Posted September 17, 2021 1 hour ago, cloud said: A . No issues if u have visa , at poe you can show pending i797 . Your application will not be rejected . Only change of status applications should not travel out of us b . At poe get ur latest i94 updated That is not the concern bhayya. H1B extension includes 2 steps as you know. H1 approval + extension I-94. If I go out of the country and comeback while the H1B application is pending, I will get a new I-94 at CBP. When USCIS is about to make a decision, they can happily approve H1 but when the try to extend I-94, it shows up as invalid. At that moment, does USCIS issues RFE to submit the new I-94 number granted at CBP or just approve H1 and doesn't grant I-94 extension? Quote Link to comment Share on other sites More sharing options...
InSearch Posted September 17, 2021 Author Report Share Posted September 17, 2021 wow.. no reposes in a day Quote Link to comment Share on other sites More sharing options...
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