Leaving without approved H1-B extension

[tosca_travels]

I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

Many thanks!

[smuggymba]

Originally Posted by tosca_travels

I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

Many thanks!

you abandon your app if you leave the country AFAIK.

[tosca_travels]

I am fine with abandoning the current H1-B extension process. My question is if there will be any problems leaving the country on an expired I-94 even though I am still technically in status.

My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.

[permfiling]

hi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

Take the advise of your attorney as well