Can I travel after filing for visa extension (I94 and old petition have expired) ?

Im in H1B visa and my visa & I-94 both has expired on 01-Feb, 2014 and my company has already filed for the H1B extension. I have received the receipt no and waiting for the approval.

I have some travel plan to my home country in March. My company doesnt do premium.

I have read various forums some saying if we leave the country, my visa extension would be abandoned and few saying only i94 would be abandoned and my petition would still be processed.

which is true in this?

Can I still travel outside US, wait for the approval and come back to US once it is approved?

Could you please suggest some options for me. Thanks.

Victor - welcome to forum.

I will share what I know. First I hope your company filed for extension prior to expiry of current Visa and I94.

I think you can leave the country without the fear of cancellation of H1 extension. The H1 will be extended but you will need a Visa in order to reenter. So until H1 is extended and you obtain a new visa you can't reenter. That's my understanding.

When people apply for Change of Status and then travel then that application is considered withdrawn. This is not your case.

Quote:

---

Originally Posted by victor_star

Im in H1B visa and my visa & I-94 both has expired on 01-Feb, 2014 and my company has already filed for the H1B extension. I have received the receipt no and waiting for the approval.

I have some travel plan to my home country in March. My company doesnt do premium.

I have read various forums some saying if we leave the country, my visa extension would be abandoned and few saying only i94 would be abandoned and my petition would still be processed.

which is true in this?

Can I still travel outside US, wait for the approval and come back to US once it is approved?

Could you please suggest some options for me. Thanks.

---

Quote:

---

Originally Posted by qesehmk

Victor - welcome to forum.

I will share what I know. First I hope your company filed for extension prior to expiry of current Visa and I94.

I think you can leave the country without the fear of cancellation of H1 extension. The H1 will be extended but you will need a Visa in order to reenter. So until H1 is extended and you obtain a new visa you can't reenter. That's my understanding.

When people apply for Change of Status and then travel then that application is considered withdrawn. This is not your case.

---

I second this post.

Agree with Q.
If you can't postpone the trip, you can offer to pay for the premium processing cost and see if the company agrees on that. My company agreed to convert my case to premium, provided I pay the extra cost.