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Wondering is it possible to be in home country while the h1b visa extention is in process?

San Francisco, CA |

I am h1b visa holder (my wife and son have h4 visas). Visas will expire september 2013 (i-94). My employer will file a three-year H-1B extension next year (2013).
Son's passport will expire at june 31, and it is cheaper and much faster to renew passport from home country So, wondering is it possible to be in home country while the extention is in process?
When company should file an extention ?
We are planing to leave US for home country early june, since son passport will expire in end of june, and when we can return back to US?
Also, company asked for relocation (from CA to GA) , will this have negative impact on extention?

Thanks in advance

Attorney Answers 3


  1. 1. Yes but aren't you supposed to be still working for your employer during that time (unless taking a vacation?)
    2. The employer has the right to file for an extension 6 months prior to the expiration date and anytime in between.
    3. Cannot return while the application process is still pending and there hasn't been a decision yet. In that situation it's better not to leave the country or have employer file premium processing if you are he'll bent on leaving.
    4. No.

    Behar Intl. Counsel 619.234.5962 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.


  2. If you have a valid H-1B visa and you can prove you have maintained the visa then you are allowed to travel on the H-1B and H-4 visas after filing for the extension petition. There are obvious issues that will arise however if your extension application is denied after your current H-1B visa is expired so timing is important to discuss with immigration counsel.

    Legal disclaimer: The above statement is only intended to be general in nature and in no is to be taken as specific advice. A complete consideration of all facts is not possible in this setting and is necessary in order to provide any legal advice. This communication does not create any attorney-client relationship.


  3. I agree with my colleagues.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    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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