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H1 B Extension Travel Just Before 240 Days Validity

Discussion in 'Nonimmigrant Visa Validity' started by Raghavendra, Jul 19, 2016.

  1. Raghavendra

    Raghavendra New Member

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    Hi All,

    I have a question regarding the 240 day rule after the I-94 expiry when the H1 b extension is pending.

    Right now my status is in RFE and the RFE response will be submitted to USCIS by this week and my application is in premium processing

    My 240 days will end on 06th Aug 2016, but I had initially booked my ticket to India 01st August 2016 ( which will be like 5 days before the 240 day period)

    Anyhow one cannot work after the 240 day period and need to travel back if the application is still pending

    My question is if I dont get the result before my travel on 01st August, whether my application will be affected, Whether it is fine to travel 5 days before the 240 day period.

    While coming back I will get the VISA stamped.

    Please suggest me regarding this.

  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may travel. The only thing that will be affected is your extension of status request. If approved, the petition will allow you to apply for a new visa and return.

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