Mancunian80

Hi

I've got an H1-B at present and it expires in the next few months. I got a receipt from mid-August regards my extension application from Vermont. It seems that processing is slow at present, if it doesn't arrive by my expiry what is my status?

I've been told if I go outside the US after it expires I have to get it re-issued in London (or 3rd party embassy). I'm OK with this, but I assume I should not leave the US until my extension is full approved?

Should I carry all my documentation if I travel inside the US for vacation over the expiry period?

Is there likely to be any hassle if I go out of the US and return 10 days before my original H1-B expires (even if I take all my documentation with me to show to immigration on re-entry)?

Thanks.

J. J. Farrell

On Sep 4, 2:37 am, Mancunian80 <[email protected]>
wrote:
>
> I've got an H1-B at present and it expires in the next few months. I got
> a receipt from mid-August regards my extension application from Vermont.
> It seems that processing is slow at present, if it doesn't arrive by my
> expiry what is my status?

I'm not sure in precise technical terms, I think it's something like
'H-1B extension pending'. As long as there is a non-frivolous
extension application filed, you can carry on as if the extension had
been approved. "non frivolous" means an application that a sensible
person might reasonably expect to be approved.

> I've been told if I go outside the US after it expires I have to get it
> re-issued in London (or 3rd party embassy). I'm OK with this, but I
> assume I should not leave the US until my extension is full approved?

You will need a valid H-1B visa to re-enter the USA as an H-1B. Your
current visa almost certainly expires at the same time as your current
H-1B authorization, so you'd need to get a new one to enter the USA
again. You'll need the approval notice for the extension to get a new
visa, so if you leave the USA you won't be able to re-enter between
your current visa expiring and your getting a new visa once the
approval comes through.

> Should I carry all my documentation if I travel inside the US for
> vacation over the expiry period?

It's always a good idea to carry your approval notice at least. I'd
carry the receipt for the extension application as well.

> Is there likely to be any hassle if I go out of the US and return 10
> days before my original H1-B expires (even if I take all my
> documentation with me to show to immigration on re-entry)?

Whether or not you get hassle depends on the individual Border Protect
Officer and the general tone and style at each Port of Entry. They are
likely to want to know what's going on in this case. I'd carry the
extension receipt, and also a letter from your employer confirming
that you still have the job with them and that they have applied for
an extension.

As a heads-up, there's a potential issue here and I can't remember the
current state of the regulations. At one time, if you left the USA
after the extension petiton had been filed, then you abandoned the
extension of status request (the extension of approval would still go
ahead). This meant you would have to leave the USA again at the end of
the old approval and re-enter using the new one (or file again for an
extension of status). I think sanity may have broken out in this area
now though.

The safest and most straighforward thing is: don't attempt to enter
the USA again until you have received the new approval and got a new
visa based on it. Your employer could always file for Premium
Processing to get this sorted within a few days, though someone would
have to stump up a chunk of money for that.