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

[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 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?

[qesehmk]

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.

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?