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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28938
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi, I am on H1b Visa in United States. My visa expired on

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I am on H1b Visa in United States. My visa expired on 8th August 2013. H1b Extension was filed on May15th 2013 but is still in processing state and have not received any approval on it yet.
I may have to travel for my work related engagement within US through flights and also at the client location I will be eating out, traveling (on the road - hotel to office) at times.

Question I have is that is it safe to travel within US with my application in processing state still. What are various risks involved? Also what can I do to avoid any risk if there is?

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

All you need to do is carry with you a copy of the fee receipt form I-797 Notice of Action the employer received in May.

You will not have any issue if you have that with you as evidence thatyou are here lawfully.

The pending petition extension puts you in a period of stay authorized by the attorney general.


Customer: replied 4 years ago.



Are there any risks involved while traveling in this condition?


I heard of a case where one of known person to me was inquired by local police (he was speeding) and they eventually ended up checking his immigration status and since it was not approved, there was lots of confusion (local police normally not much aware of immigration laws) and it took days to sort the issue out.

Generally, local police contact ICE if there is no evidence of your extension on you.

So the same danger would be there if you forgot to put your passport in your pocket and had an extension.

The same risk exists every day you leave your house, as well.

Your only option to eliminate such a risk is not leave your home and be on a public street.

Carrying your I-797 is your only protection. There is no other document for you to have because of now you have no status. You are not here unlawfully, but you are in limbo and have no status.


Judith Ludwic and other Immigration Law Specialists are ready to help you