International travel while H1 extension is in process

[amit.gokhale]

Hi,

I have my H1B visa till 31st Dec'2015 (still valid). My current I-94 has end date: 31st Dec'2015.

My employer has filed for my extension. I have obtained the Receipt Notice from USCIS dated 1st Sep'2015.
I traveled to India on 12th Sep and came back to US on 27th Sep (2 weeks). I received a new I-94 with the same end date i.e. 31st Dec'2015 since my extension is not yet approved.

The immigration was smooth since I had a valid US visa while coming back.

Question: What are the consequences? Is it going to affect my extension (nullified / void)? What needs to be done if case this happens (fingers crossed!)?

Thank you!

[shervin143]

Since you traveled out while the extension was pending, it is possible that the extension of stay could get denied. If that happens, then anytime that you spend in U.S post Dec 31st 2015 will become illegal stay. It is advisable to upgrade the case to premium and get the decision soon to figure out the next steps.

[amit.gokhale]

Since you traveled out while the extension was pending, it is possible that the extension of stay could get denied. If that happens, then anytime that you spend in U.S post Dec 31st 2015 will become illegal stay. It is advisable to upgrade the case to premium and get the decision soon to figure out the next steps.

Thanks Sherwin! Considering worst case, I will have to leave the country. I hope I can file a new h1 extension immediately after leaving country. Is there any waiting period to file a new one if your current h1 extension is denied?

[shervin143]

Nope. Can be filed immediately.

Thanks Sherwin! Considering worst case, I will have to leave the country. I hope I can file a new h1 extension immediately after leaving country. Is there any waiting period to file a new one if your current h1 extension is denied?