Is it safe to travel when H1B extension is in process?

UPDATED: Sep 30, 2022

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Is it safe to travel when H1B extension is in process?

Hi,I am planning to travel to India and would return in first week of April’2017. My stamped H1B visa would expire in Jun’2017 and hence i think i don’t need to go for any stamping or immigration processes in India. Also i have approved I-140.My questions are that 1 should i apply for H1B extension now or after i come back from my trip in April? At port of entry, would the officer want to know if i have any justified reason to stay longer than my current visa expiration date? 2 While extension is in progress, is it safe to travel?Thanks

Asked on January 30, 2017 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Visa expiration is not as critical as the expiration on your H-1B approval notice.  you want to make sure that your employer timely files the extension of your H-1B status and if you plan to travel while it is pending, you have to have a valid visa stamp with which to return; otherwise you will have to wait outside the US until the extension petition is approved and then apply for a new visa at the US Consulate abroad.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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