Readers ask: Can You Travel When Visa Extension Is In.Process?

Traveling while an extension of status petition is pending with USCIS is permissible. You must alert the International Center of any travel plans while your H-1B extension is pending with USCIS. If the extension is approved while you are abroad, you must re-enter the US using that Approval Notice.

Can I leave US while waiting for visa extension?

Can I travel while my extension of status is pending? Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from a change of status, where leaving the U.S. will result in abandoning the application, resulting in a denial.

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What if I file on time for an extension but I leave the US before USCIS makes a decision on my application?

If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your

Can I travel while my H1B extension is in progress?

You can travel outside the USA during pending H1B extension. If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved. Example: You can travel to India while H1B extension is in progress and visa is still valid for re-entry.

Can you travel while I-539 is pending?

If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.

How long can I stay if my I-539 extension application is in review?

What If My Form I-539 is Pending and My I-94 Expired? If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days.

How long can I stay in the US while my I-539 is being processed?

You can stay in the U.S. for 240 days after the expiry date on your I-94 if you have proof of an I-539 application. The 13-digit case number and receipt notice by USCIS acts as proof of an existing I-539 document in process.

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How do I extend my visa due to Covid 19?

Apply for an Extension. Most nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change in status (COS). USCIS continues to accept and process applications and petitions, and many of our forms are available for online filing.

What happens if my visa extension is denied?

If the extension request is denied, the applicant is immediately determined to be out of status and the B and or B-2 visa is automatically cancelled under INA Section 222(g). Because most extension requests for tourist visas will be denied, one should not apply unless a very good reason exists.

What if I file for an extension of stay on time but Uscis doesn’t make a decision before my I 94 expires?

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires? Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status.

Can H1B extension be denied?

H1B Extension Denied You can stay in the US because the extension is for the future time period and your current H1B approval is still valid. Extension denial does not invalidate your current H1B. If your i94 has expired and the extension is denied, you should leave the US within 10-15 days.

What is the current H1B extension processing time?

H1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing.

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How long does H1B extension processing take?

The H1B extension processing time will take anywhere between 4 to 7 months by normal processing and 15 days by premium processing. Still, the processing time may vary from the Service Center where you file your petition.

How long does it take for I-539 to be approved?

I-539 petitions sent to the California Service Center take 1 – 5 months to process, while petitions sent to the Nebraska Service Center take 6 – 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.

How long does it take for I-539 to be approved after Biometrics?

As per USCIS guidance, typically they would take about 17 days on average to complete the I-539 biometric process from the day they receive the I-539 application(assuming no re-schedules) form.

What happens after I-539 approval?

After approval Once the Form I-539 is approved, the applicant is in a position to extend stay or transition to the new status (from the start date indicated on the Form I-539).

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