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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
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Experience:  Immigration Law Expert
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My husbands H1B visa is expiring on 6th June 2016. The visa

Customer Question

Hi,
My husbands H1B visa is expiring on 6th June 2016. The visa extension is in process and the process is not yet complete..however there is an emergency. My Mother in law has passed away and we have to travel to India. Can he travel when the extension is in process? If he comes before 6th June?
Please let me know.
Thanks.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. A H1B non-immigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, as long as they are traveling on an unexpired H¬I B non-immigrant visa. The law, which is Section 222(g) of the Immigration and Nationality Act (“INA”), states that a non-immigrant alien that stays in the U.S. beyond the expiration date indicated on their I-94 will cause their visa to become automatically revoked, and consequently the alien will not be able to return to the US unless he or she obtains a new visa. However, the alien’s visa will remain valid where a timely, non-frivolous, application for Extension of Status or Change of Status is filed, and where the alien has not engaged in unlawful employment. If he has a pending application for Extension of Status and if the application is approved while they are abroad and they return to the U.S. on their original visas the new 1-94 issued upon their entry into the U.S. will trump the I-94 attached to the Notice of Approval, so he needs to get a copy of the new I-94 if he does not return to the US before June 6th, or if the extension is granted before June 6th. So he would need proof of the extension being timely filed and proof that he is returning to the H1B employer upon return to the US and if his extension is approved before he returns to the US he needs his employer to get him the new I-94 for reentry.

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