travel while H1-B pending

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Old Sep 1st 2010, 5:40 pm
  #1  
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Default travel while H1-B pending

Hi, all...

I have gone through the threads; however I was unable to match one that applies to my specific case. Here is my situation:

I am working on my valid OPT until December 31st, 2010. I have applied to H1-B a while ago; however, the web site still says that it is under initial review. By the way, the next step shown on the web site is the decision step. Basically, I am, according to the site, one step away from the decision. It has been more than three months from the date I applied. However, it is still pending.

I want to attend a conference to present one of my paper and the conference will begin on September 26th, 2010. What makes my situation specific is that the conference will be held in my home country where there is also a United States (US) General Consulate. And right after the conference I will be visiting some other branches (outside The US) of the company that I work for. My questions are then:

Can I travel to my home country to attend the conference and wait for the approval notice (I-797) while I am in my home country? If yes, would that jeopardize/risk my H1-B?

I look forward to hearing from you soon. Thank you in advance.
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Old Sep 1st 2010, 8:04 pm
  #2  
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Default Re: travel while H1-B pending

Originally Posted by devbaba
It has been more than three months from the date I applied. However, it is still pending.
Was your petition filed with the California Service Center or the Vermont Service Center? If CSC and > 2 months you can call USCIS customer service to ask them to check on it. If VSC, they're still processing applications from April 10th so if you applied after that you just have to suck it up and wait.

Can I travel to my home country to attend the conference and wait for the approval notice (I-797) while I am in my home country? If yes, would that jeopardize/risk my H1-B?
Did you file for change of status? Did you submit your I-94?
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Old Sep 1st 2010, 11:03 pm
  #3  
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Default Re: travel while H1-B pending

Henryh, thank you for your reply.

A while ago I remember asking my attorney about the location and learning that my file is being processed in California.

In preparation step for my application, I was asked to provide my attorney with everything on my passport including my I-94. However, I am not 100% sure whether they submitted or not. By the way, I am a faculty member in a university. My attorney (International Faculty Services officer) made and submitted the application on behalf of me. USCIS stated that they received the application on June 1st, 2010, which makes the processing period slightly longer than three months.

Thanks.
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