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Posted on 03 Jan 2012
Q.

Travel abroad while H1b extension is pending for RFE response

My current H1b petition and the H1b visa expire on Feb 20, 2012. My employer has filed H1b extension (premium processing). However USCIS has sent us an RFE and my employer is yet to respond. So the H1 extension is yet to be approved.

1: In this situation is it ok to travel abroad (India) as long as I return before my current h1b petition and Visa expire on Feb 20, 2012 (say I return on Feb 18, 2012) while my H1 extension is still pending approval? Will I have any problems at the port of entry since my visa is valid only for few more days and the H1 extension is not approved by that time?
2: If the H1 extension gets denied while I am in India, will I have any issues at the port of entry if I want to use a valid Advance Parole (that I currently have from my pending I485) to renter

User's Location: Somerset, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 05 Jan 2012
A.
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David Rubman
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Rubman & Compernolle
(312) 341-1907

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