H-1B extension related questions

[ukaab]

I am currently renewing my H-1B visa which is due to expire on 15-May-2006. I was thinking on traveling to India and return by 10-May-2006.


I have couple of questions which I hope someone can answer

1. Is it safe to return on 10-May-2006 - my visa will only be valid for 5 more days. Will there be problems at immigration at my return although an extension has been applied?

2. If I decide not to go to India, can I continue to stay within the US although the current petition and i-94 will expire?

Your help will be greatly appreciated.

Thanks,
PN

[veena_swsh]

Its safe to travel after the petition for extension gets approved. No stamping is required if you have a valid visa. But if your visa is expiring, then you will need fresh stamp to re-enter US. If you decide not to travel out of US, you will continue to be in legal status if you have a newly approved petition I 797. This will come with an I 94 which determines your status.

[ukaab]

Thanks!

Thanks for your reply and suggestion Veena.