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H1B Extension status still pending and crossed the 180 days , Whether I am in any risk in the future travelling to USA.

Raleigh, NC |

H1B Extension status still pending and crossed the 180 days , Whether I am in any risk in the future travelling to USA. Please explain

Attorney Answers 6


  1. If promptly filed, you have not accrued unlawful presence.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. If you are asking about the unlawful presence bars, you have not accrued any unlawful presence.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. You should have "explained" with some more detail. Do you mean to tell us your employer filed your H-1B extension application, it has now been pending for more than hundred and 80 days now and you wish to travel outside the US and ask if it's okay to come back? If you do, the only way you will be admitted back into the US is with a valid H1B visa stamp in your passport issued by anUS consulate overseas, for which you can only apply once USCIS has approved your employer's H-1B extension petition. Not before.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. Your question is unclear: you say an extension of status is pending, but also imply that you are currently, outside the US, and may have been for 180 days, which raises questions about whether you are still employed by the H1B employer with which you should have been maintaining valid H1B status at the time the petition was filed. You need to consult with an attorney individually, and it would be best if it were the one who filed the petition that is still pending.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.


  5. Assuming you were not in unlawful status at the time the petition and a change of status was filed You are not accruing unlawful presence during the pendency of the H-1B petition.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


  6. Stay put until a decision is made on your extension application. Do not travel unless you wish to abandon the application.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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