If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer

There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary’s new I-94 will go into effect once it is approved. (03.Sep.2024)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved