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Travel in/out of USA while H1-B Extension is Pending Travel in/out of USA while H1-B Extension is Pending
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  #1 (permalink)  
Old 07-18-2012, 07:12 AM
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forthiola is on a distinguished road
Default Travel in/out of USA while H1-B Extension is Pending
My H1-B visa expired June 1st 2012 and I'm currently waiting for my extension to be approved which was filed May 31st 2012.

I was planning on taking a road trip to Toronto this Thursday but wanted to know if I'll be allowed to reenter the US 2 days later with my passport, expired visa, and the I797C showing that my extension has been received and is waiting to be approved?

Both my I-4 and H1-B are dated until June 1st 2012 so have expired. I have the I797C that shows my application extension until January 2014 has been received which allows me to continue working. Surely if I'm allowed to work here I should be allowed to travel in/out of the country too, right?
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  #2 (permalink)  
Old 07-19-2012, 08:03 AM
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PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute PERM12 has a reputation beyond repute
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No you can not travel out of US while extension is pending. Which will be considered abandoned.


Quote:
Originally Posted by forthiola View Post
My H1-B visa expired June 1st 2012 and I'm currently waiting for my extension to be approved which was filed May 31st 2012.

I was planning on taking a road trip to Toronto this Thursday but wanted to know if I'll be allowed to reenter the US 2 days later with my passport, expired visa, and the I797C showing that my extension has been received and is waiting to be approved?

Both my I-4 and H1-B are dated until June 1st 2012 so have expired. I have the I797C that shows my application extension until January 2014 has been received which allows me to continue working. Surely if I'm allowed to work here I should be allowed to travel in/out of the country too, right?
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  #3 (permalink)  
Old 07-19-2012, 09:35 AM
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gcstudent is infamous around these parts gcstudent is infamous around these parts gcstudent is infamous around these parts
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I know when you travel to Canada by road you will not be surrendering your I-94. I think if you have a valid I-94 then you can travel.. If you are relying on just the extension application and your I-94 & visas are expired then they wont let you in..

More here: Automatic Revalidation
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  #4 (permalink)  
Old 07-19-2012, 09:38 AM
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gcstudent is infamous around these parts gcstudent is infamous around these parts gcstudent is infamous around these parts
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Its clear with the link.. You do need visa even with a valid I-94..
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Old 07-19-2012, 11:26 AM
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Thanks for your advice. I decided against making the trip and will wait until I receive my full approval notice.

One more quick question:

Do you know if once my visa extension is approved whether I can travel out of the country without getting my passport restamped with the H1B extension or will I need to get my passport restamped again?

The reason I ask is because it's such a hassle to get the visa stamp for my passport as I often have to waste vacation time traveling out of the country to get the restamping done at a US consulate. Last time I chose to get the stamping done in Tijuana as traveling all the way back to England (where I'm from) and then returning to Florida was even more inconvenient. At least Mexico was closer. Is there anyway to get the stamp inside the US?
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Old 10-08-2012, 11:45 PM
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Good to read these instructions.. I think, there should be Disclaimer in start of every forum...
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