Can I travel out of country while my extension is in process

Asked 11 months ago - Dallas, TX

I need suggestions to deal with my situation.

My current h1b visa expires on 30 September 2013. I will be applying for an extension in the first/second week of June with the same employer. I need to travel out of the USA to India for 2 weeks in the month of August (travel on 10 August and return to USA on 23 August).

I am thinking of applying for a premium processing during second week of June. Although my visa expires on 30 September, is it possible that I will get my extension approved before August so that I can travel without any issues?

If there are any other options I need to look to have my visa extended and also do the my travel without immigration issues please suggest. Thanks for your help In advance.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Don't file you an extension until you return from India. You can continue to work while your extension is in progress.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal


    Contributor Level 20


    Lawyers agree

    Answered . Yes, if you want to by a one way ticket out and see your extension request deemed abandoned.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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