H1b Amendment & Extn Rule

[needhelp65]

Hi,

My spouse and child is planning to visit India on Sep 1st and come back on Sep 15th. My H1b Amendment & Extn petition (normal processing) was filed ( for different client and different state ) on July 10th ( I got receipt that they received it on July 15th ) . This year before coming to new client(from India) my LCA got changed and working in the same place for last 5 months.

Please suggest, whether my family can travel or not. Is any issue while entering port of entry again as my petition might not be approved till then (as filed in normal processing).

Thank you

[shervin143]

Won't be an issue. However, if you have also filed the H4 extension for your dependents, then their EOS will be denied if they travel outside U.S when their petitions for extending their stay are pending with USCIS. In such case, they should either travel after they receive their approval notices or should travel back after your H1B extension is approved. If not, you have to file their extension immediately after they return. Their I-94s at the POE will be issued only till your current approval notice expiry date. It is advisable to file their extension at least 45 days prior to their I-94 expiry date. Let them carry a copy of your H1B extension receipt notice if they decide to travel prior to your H1B extension approval.