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Reg: Travel restrictions during H1b I-94 extension

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  • Reg: Travel restrictions during H1b I-94 extension

    Hi All

    My H1-B visa is going to expire in 15th March 2012. I have applied for I-94 extension and the same is pending USCIS approval. I would like to know the following points regarding travel restrictions:

    - For the period when my extension approval is pending, is there any restriction on travelling to any state within USA and to Alaska, Hawaii and Bahamas? I understand that I cannot travel outside USA for this period.

    - After the I-94 extension is approved, is there any restriction on travelling to any state within USA? Also since I will have the I-94 extension paper and my previous H1B visa would still be expired, will I be able to travel to places outside the USA mainland i.e. Alaska, Bahamas and Hawaii? I have heard that if the plane/ cruise touches Canada/ any other country during transit to these places outside US mainland, then I-94 extension is not enough and valid H1B visa is required. Is it true?

    Any pointers to these will be very helpful.

    Thanks
    Anamika

  • #2
    Originally posted by anamika123 View Post
    Hi All

    My H1-B visa is going to expire in 15th March 2012. I have applied for I-94 extension and the same is pending USCIS approval. I would like to know the following points regarding travel restrictions:

    - For the period when my extension approval is pending, is there any restriction on travelling to any state within USA and to Alaska, Hawaii and Bahamas? I understand that I cannot travel outside USA for this period.
    There is no restriction. Carry copy of receipt notice with you when you travel within the US. Bahamas is another country, traveling there is not considered as within US. Alaska, Hawaii, Puerto Rico or other US states and territories are fine.
    - After the I-94 extension is approved, is there any restriction on travelling to any state within USA? Also since I will have the I-94 extension paper and my previous H1B visa would still be expired, will I be able to travel to places outside the USA mainland i.e. Alaska, Bahamas and Hawaii? I have heard that if the plane/ cruise touches Canada/ any other country during transit to these places outside US mainland, then I-94 extension is not enough and valid H1B visa is required. Is it true?
    Again same answer as above. You can travel within the US without any problems. You can also make short trips to Canada and Mexico for less than 30 days and return using automatic Visa revalidation (AVR). Bahamas is not included in the AVR list for H1B.
    Any pointers to these will be very helpful.

    Thanks
    Anamika
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for the info!

      Comment


      • #4
        H1b application process if I travel to India during I-94 extension period

        Have another query:

        After my I-94 extension is approved, if I go to India for a short trip or vacation, I understand that I cannot re-enter USA without a new H1B visa stamping. So, I need to apply for H1B visa from India. My question is that what is the process to be followed when applying for H1b stamping in this case?

        Do I need to repeat the entire process like fresh H1b application i.e. applying for a fresh petition etc? Or I can directly go for interview and stamping at US consulate with my I-94 extension documents? Pls advise.

        Thanks
        Anamika

        Comment


        • #5
          Your I-94 extension is nothing but a new petition that gets approved. You will get a new I-797 approval notice with an extended expiry date and it will include a new I-94 attached to it. You need to remove the I-94 from the approval notice and attach it to your passport. When you leave the country, return the I-94 at the airport. You will need to follow the same process what you did the first time to get the visa stamping. You will have to carry the new extended approval notice for the visa stamping.

          Originally posted by anamika123 View Post
          Have another query:

          After my I-94 extension is approved, if I go to India for a short trip or vacation, I understand that I cannot re-enter USA without a new H1B visa stamping. So, I need to apply for H1B visa from India. My question is that what is the process to be followed when applying for H1b stamping in this case?

          Do I need to repeat the entire process like fresh H1b application i.e. applying for a fresh petition etc? Or I can directly go for interview and stamping at US consulate with my I-94 extension documents? Pls advise.

          Thanks
          Anamika
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            travel to puerto rico while on extension

            Hi,
            is it possible to travel to Puerto Rico with family while on extension of H1b and the faimliy's H4?
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