Travel during h1b extension

DoorDash / Eng
YNBA08

Go to company page DoorDash Eng

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Apple
YNBA08
Nov 21, 2021 3 Comments

My h1b extension is under process(with premium processing) and unfortunately I will have to travel abroad for an emergency. I will also need to get my h1b stamped during my visit. If my extension gets approved before visa interview and I don’t have newly approved I-797, will there be any issue? Can i still get h1b stamped based on the old i-797 date?

Also, do i have to file for h1b extension again after coming back because the updated i94 based on i797 would be overriden on my re-entry to US?

Really appreciate your help 🙏🏼

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TOP 3 Comments
  • Asurion
    ilakatha

    Go to company page Asurion

    ilakatha
    Have been in this situation and it depends on a lot of dates stuff. Talk to your attorneys and then travel.

    If you don’t plan it well, there is a chance you end up with the previous 797 status when you enter US.
    Nov 21, 2021 2
    • Is that a problem? Can one can switch to new H1 after returning? What will be I-94 date in that case, old 797?
      Nov 21, 2021
    • Asurion
      ilakatha

      Go to company page Asurion

      ilakatha
      There’s this thing called rule of last action taking precedence.

      So, if your 797 is approved while you are abroad, and you enter with new 797, then the i94 of new 797 takes precedence.

      If you enter using old 797, then that takes precedence.

      If your new 797 is not valid within 10 days of your entry date, CBP won’t likely use it as it is effective from a future date(happened to me).

      CBP says as the new 797 is effective in a future date, they can’t use it and also it will automatically take effect on its start date - and it provides your status in the future.

      That’s a little grey area and that’s what my attorney advised to avoid.
      Nov 21, 2021