Going Home Country while H1B Extension is pending

[srgattu]

Hi,

I am writing this on behalf of my friend who seems to be in tough situation.

My friend's employer has applied for H1B extension which is pending for almost a month now. But due to some urgent personal reasons he wants to go back to India now and he is not sure of coming back again. His employer might withdraw the extension petition if he doesn't comeback US to join the project. In such situation, would it result in H1B extension denial?

So at the time of leaving US he will have expired I-94 without extension approved. Does it mean he will accumulate illegal stay and create problems in the future?

Thanks,
Srinivas

[Subramanya]

I am writing this on behalf of my friend who seems to be in tough situation.

My friend's employer has applied for H1B extension which is pending for almost a month now. But due to some urgent personal reasons he wants to go back to India now and he is not sure of coming back again. His employer might withdraw the extension petition if he doesn't comeback US to join the project. In such situation, would it result in H1B extension denial?

So at the time of leaving US he will have expired I-94 without extension approved. Does it mean he will accumulate illegal stay and create problems in the future?

---- If the I-94 has expired more than 3 or 6 monthas ago then he will invite a ban for 3 to 10 years irrespective of all other issues like H1 extension approved or denied

Subramanya

[srgattu]

Going Home Country while H1B Extension is pending

Thanks Subramanya.

But in the same lines, my question is if he leaves to India while the extension is pending and without the case approval/denial he would have worked for 1-2 months without knowing the result of extension. So if he leaves the country then would that period be considered as illegal because he worked without the status?

Please help me answering.