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bbenhill
10-06-2009, 03:58 PM
Hi,

Need some confirmations, greatly appreciate on your help :-)

I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
The questions are :
1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
2. Do I need to surrender my expired I-94 at POE ?
3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.

Thx

bbenhill
10-06-2009, 06:09 PM
^^^^

Bump ..

Guest007
10-06-2009, 06:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back

bbenhill
10-06-2009, 06:39 PM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?

Thx

bbenhill
10-06-2009, 09:29 PM
^^^^

memyselfandus
10-07-2009, 10:57 AM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?

Thx

You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...

bbenhill
10-07-2009, 10:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..

i guess I am worrying too much ... :-)

bbenhill
10-12-2009, 07:20 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?

Please advice ... I am really confuse with this immigration things ..

Regards,



You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...

bbenhill
10-12-2009, 07:26 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?

Please advice ... I am really confuse with this immigration things ..

Regards,



You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...

waitingmygc
10-12-2009, 08:08 PM
Please ask an attorney.

why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

I advice you to consult a good attorney.

bbenhill
10-12-2009, 08:55 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

please advice ...



Please ask an attorney.

why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

I advice you to consult a good attorney.

a_yaja
10-12-2009, 09:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

please advice ...

Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.