Travel during H1B extension and just 2 months before visa/I-94 expires

Im in H1B visa and my visa & I-94 both expires on 08-Feb, 2014 and I havent yet filed my H1B extension.

Im relocated to another city and have filed LCA and waiting for LCA to be approved. Once LCA is approved, I can file my H1B extension.

I have travel plan to go to my home country in 30-Nov-2013 and return on 30-Dec-2013 (existing visa & I-94 valid thru 08-Feb-2014)

Say the LCA is approved in another 1 week and if I apply for H1B extension in mid Nov 2013, is it safe to travel in Dec and come back to US a month before visa expires with current petition?

My company is asking me to not to travel during extension or else travel and come back and then file for extension provided I have 2 months before visa expires.

could you pls suggest and advice me?


In case if it is not advisable to travel while extension, is it fine if I travel in dec before filling the extension and come back on Dec 30, 2013 and file extension (which expires in 08-Feb-2013?
Will there be any trouble entering US as it is only close to 40days before visa/I-94 expires?

If I come in, will I get new I-94 with dates extended?

victor - my understanding is that it is perfectly fine to file for extension and travel. I am not sure why you company think there is any risk there.

But wait and see what others on this forum may have to say on this.

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Originally Posted by victor_star

Im in H1B visa and my visa & I-94 both expires on 08-Feb, 2014 and I havent yet filed my H1B extension.

Im relocated to another city and have filed LCA and waiting for LCA to be approved. Once LCA is approved, I can file my H1B extension.

I have travel plan to go to my home country in 30-Nov-2013 and return on 30-Dec-2013 (existing visa & I-94 valid thru 08-Feb-2014)

Say the LCA is approved in another 1 week and if I apply for H1B extension in mid Nov 2013, is it safe to travel in Dec and come back to US a month before visa expires with current petition?

My company is asking me to not to travel during extension or else travel and come back and then file for extension provided I have 2 months before visa expires.

could you pls suggest and help me?

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