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Travel and reenter US while H1B extension is in process

Chicago, IL |

My 6th year H1B expires in Sep 2013. I have approved I140. Can I travel abroad and reenter US while my H1B extension petition is pending?

Attorney Answers 3


  1. NO. Travel is determined by the visa stamped in your pasport. You can travel as long as that stamp is still valid, whether you have filed for an extension or not.

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  2. Filing for extension may allow you to continue working for the employer and being in the US waiting for the adjudication of your petition. It has nothing to do with traveling.


  3. To enter the US, you must have a valid H-1B visa stamp.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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