Urgent query on H-1 extension

[VijayUS]

Hi,

My H-1 is due to expire in June 2011. My employer has started the process and the extension is expected to be filed at USCIS on Monday, 28-FEB-2011. Due to some unavoidable reasons I have to go back to India on Sunday (27-FEB-2011). If I am not in US on the day of filing, is it a problem?

Please let me know as I have to take decision accordingly

Thanks for your help

Vijay

[shervin143]

It is never advisable to travel when your extension is pending with USCIS. The chances are that your EOS might get denied and your H1B might get approved for consular process which will force you to leave the country and reenter back on H1B visa. The best option is to file the extension in premium, get the result within 15 days and then travel with the new approval notice.

[VijayUS]

The chances are that your EOS might get denied and your H1B might get approved for consular process which will force you to leave the country and reenter back on H1B visa.

Thanks for the reply Shervin. Can you please explain the quoted text? I didnt get it. My Visa is yet to be filed with USCIS on Monday. This is an extension of my H-1B

Thanks
Vijay

[shervin143]

EOS Issues

Extension of status will come with a new I-94. A person can have an I-94 only when he/she is already in U.S. When a person is outside U.S there is no point in issuing an I-94. USCIS will check to see if the person is in U.S while processing the extension to see if the extension of status (new I-94) should be issued or not. To be legally present in U.S and keep working, it is important that you get an extension with a new I-94 attached to it.

If at all your extension of status gets approved with a new I-94 when you are outside U.S, then upon your return your will receive another I-94 and you will end up with two I-94's and you will never know when your status will actually expire.

If the H1B petition gets approved without a new I-94 (approved for consular process), when you are outsode U.S, then you are good. Because upon re-entering U.S you can show the extended petition and an I-94 that matches the extended petition expiry date.

But if you return back before the petition gets approved, you will get an I-94 only till your current petition expiry date (let us say 2 months) and your extension gets approved without a new I-94, in such case, you need to leave the country and retun back with the new petition to get a new extended I-94.

In order to avoid all these issues, it is better you file the petition under premium process and leave the country after it gets approved.

[VijayUS]

So I understand this I 94 complication. But is there any legal problem associated with me leaving US on Sunday and my extension being filed on Monday? Will it have any other repurcussions? I am asking this as I have to leave on Sunday due to family emergency. It is unavoidable. I am aware of I94 issues now but just wanted to make sure that if closes any future doors for me in the US, I better not get my extension filed and leave the country.

Vijay

[kabkaba]

2 options

Leave on sunday, employer files petition extension on Monday without extension of status, you return after approval, show new approval notice and get extended I-94.

Leave on sunday, return before the current petition expires, then the employer files extension.

Second option is better.