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

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.

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Attorney answers 3


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 experience. His 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.



Thank you for your response. Am I eligible to apply for an extension with one month left for expiration?


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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 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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