International Travel When H1B Amendment and Extension are pending

[sarbani2907]

My Passport expired on 25th June. I got my new passport on 5th June 2017.

But I had also joined a new job and they were filing an H1 Amendment. So, it wasn't possible for me to leave the country and come back because I did't have the new or the old employer details. Hence, my employer filed an H1 extension for me along with the H1 Amendment.

I have an emergency and need to leave the country in a few days, so will it be considered "abandonment of status" if I travel internationally during this period?

1. My stamped H1B visa is valid until September 2019 in my old passport
2. I-797 is valid until September 2019
3. My I94 and old passport were valid until 25th June 2017
4. Petition for H1B extension and amendment (because of new Client) is pending approval, and was applied on June 7th 2017

What are the risks in case of international travel? I am unable to get any clear answer anywhere.

[raghvi]

My Passport expired on 25th June. I got my new passport on 5th June 2017.

But I had also joined a new job and they were filing an H1 Amendment. So, it wasn't possible for me to leave the country and come back because I did't have the new or the old employer details. Hence, my employer filed an H1 extension for me along with the H1 Amendment.

I have an emergency and need to leave the country in a few days, so will it be considered "abandonment of status" if I travel internationally during this period?

1. My stamped H1B visa is valid until September 2019 in my old passport
2. I-797 is valid until September 2019
3. My I94 and old passport were valid until 25th June 2017
4. Petition for H1B extension and amendment (because of new Client) is pending approval, and was applied on June 7th 2017

What are the risks in case of international travel? I am unable to get any clear answer anywhere.

At the POE the officer may ask to see the amendment approval, show him the receipt of the same. It is up to the visa officer to grant admission and duration he/she deems fit. Further, USCIS may approve the H1 petition, but may deny the extension of status because you traveled while the decision was pending, in which case you will have leave and re enter again.

This is my opinion not legal advice.