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My current H1B visa is valid till end of April 2019. I have the same date stamped on my passport as well.

My extension has been filed (November 2018) in normal to extend it beyond April 2019. My case has gone to California as there is a role change involved, but it's the same project and location and company.

In early February 2019, I want to go to India for 3 weeks to attend my cousin sister's wedding.

Since I already have the April 2019 stamp in my passport , I was thinking I shouldn't have any problem coming back to US in late February 2019 itself.

Is there any scenario (RFE/rejection of extension or otherwise) that would cause a problem for me to come back to US in Feb 2019?

Also, could the approval of my petition be affected as this travel was not declared when my extension was filed or because my I94 number would change upon re-entry?

Bootomline is it risky to travel with th extension response pending?
in H1B Visa by (150 points)

1 Answer

0 votes
Technically you can enter back into US before your current stamped visa date. But there is a good possibility of getting an I-94 till that date(Stamped visa date) only. But thats also not an issue as you have pending petition already.

But its risky, as you may be asked for employment letters etc at the port of entry.

In summary, its doable to travel and enter back but it may have some calculated risk around it.
by (29.6k points)



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